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2021 (7) TMI 189 - AT - Income TaxShort term capital gain - assessee submits that the AO made addition solely on the basis of AIR information that assessee sold piece of land along with co-owner - assessee is having 1/4th share in property - HELD THAT:- AO made addition on the basis of AIR information despite the facts that the assessee explained that the asset/ land is not transferred the purchaser and the assessee is still occupying the said land. The Ld. CIT(A) affirmed the action of the A.O. by taking view that transaction of sale rook place in A.Y. 2010-11 and that in case the assessee succeed in Civil Suit and incase interest or damage is awarded to the assessee would be treated under the head ‘other sources’. In our view the addition on the sole basis of AIR is not sustainable unless the same are not supported some other corroborated evidences. The assessing officer has not brought any evidence on record that the transaction of the land is completed, particularly, when the assessee reight from the beginning took his stand that the sale consideration was not passed to the assessee and the assessee has filed civil suit for declaration and cancellation of instrument of sale. Considering the facts that on common set of facts the revenue has granted relief to the co-owner [2021 (2) TMI 345 - ITAT SURAT] therefore, in our view, the Revenue cannot treat the assessee indifferently as of his co-owner. - Decided in favour of assessee. Disallowance of Vehicle Expenses - disallowance of depreciation of motor vehicle and vehicle expenses by taking view that assessee has not carried out any business activities - HELD THAT:- CIT(A) after appreciating the fact that assessee has derived remuneration from three partnership firms held that depreciation on bike cannot be allowed that car is being sued by assessee for earning remuneration. The Ld. CIT(A) allowed depreciation @ 50% on Motor Car. Further the disallowance on expenses were restricted to 50% by taking view that no break up vehicle is used for earning the remuneration income. We have noted that on similar disallowances, the Revenue has allowed full relief in case of other partners of common firms. Therefore assessee cannot be treated indifferently on similar relief, therefore, this ground of appeal is allowed.
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