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2019 (7) TMI 81 - AT - Income TaxDisallowance of depreciation on building - no completion certificate from Local Authority or Concerned Authority was provided by the assessee to the Department - HELD THAT:- As decided in M/S. NIRAMAYA MEDICAL FOUNDATION & RESEARCH CENTRE, [2013 (7) TMI 1132 - ITAT PUNE] that merely because completion certificate has not been obtained, it cannot be the ground to disallow the claim of depreciation especially when the building has been utilized for the purpose of business. Assessee has the completion certificate from the architect of the building dated 02.03.2010, that further the building has also been utilized for the purpose of business. Revenue on suspicion has doubted the genuineness and authenticity of the certificate of the Architect placed on record without any corroborative or supportive evidences which is not legally justifiable. In such circumstances, respectfully following the decision of Co-ordinate Bench of the Tribunal, Pune as referred herein above, we allow ground No.1 raised in appeal by the assessee. Disallowance of depreciation on furniture and fixtures - addition on furniture and fixtures in the case of assessee during the assessment year under appeal - Revenue denied the depreciation on the ground that these furnitures and fixtures were not utilized within 31.03.2010, since as per the Revenue the date of procurement of these furnitures was itself 31.03.2010 - HELD THAT:- Assessee has placed on record complete information in tabulation form which has been made part of this order wherein it is evident that the date of invoice was much prior to 31.03.2010 whereas only the date of accounting of invoice was 31.03.2010 and also the materials were received prior to 31.03.2010. DR could not controvert these facts by placing any other submissions or material on record. Even, CIT (Appeals) has not brought any specific or cogent reasons for disallowing depreciation claimed for furnitures and fixtures. The order of CIT(Appeals) surrounds on surmises, suspicion and guess work and therefore, is not legally acceptable.- Ground No.2 raised in appeal by the assessee is allowed.
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