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2021 (9) TMI 681 - AT - Income TaxDisallowance of deduction claimed towards depreciation, repairs, maintenance and rates and tax - HELD THAT:- Property on which the assessee has claimed depreciation is different from the properties on which the assessee has received rental income. It is observed, the properties from which the assessee had declared rental income are situated at Ahmedabad and Coimbatore. Whereas, depreciation has been claimed in respect of a property at 3rd and 4th Floor V.V. Gandhi Marg, Mumbai, which according to the assessee has exclusively been used for its business - the depreciation claimed by the assessee on the aforesaid property has been allowed in earlier as well as subsequent assessment years. That being the case, we allow assessee’s claim of depreciation. As regards repairs and maintenance expenses expenditure has been incurred in respect of the property at Dr. V.V. Gandhi Marg, Mumbai used for assessee’s business. Thus, it is not in respect of the properties from which the assessee has offered rental income. Even, the rates and taxes are in respect of property other than the property from which assessee has offered rental income. Thus, in our view, the departmental authorities have disallowed the assessee’s claim of deduction under misconception of facts - we are also of the view that the allegation of the departmental authorities that the assessee has not furnished details/evidences in support of its claim that such expenditure relate to property which have been rented out, is incorrect. In view of the aforesaid, we are inclined to delete the disallowance - Decided in favour of assessee.
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