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2021 (10) TMI 570 - AT - Income TaxDisallowance of depreciation claimed on property - assessee had claimed depreciation @ 10% on residential property - restricting the disallowance to 5% by AO - HELD THAT:- Contention of the assessee that the disallowance has been made for the first time in the year under consideration and there has been no disallowance either in the preceding assessment year or succeeding assessment year has not been controverted by the Revenue - For restricting the disallowance to 5% no reasons have been given by AO which according to us would mean that assessee using the premises for the purpose of business has not been doubted. AO was not justified in restricting the claim of depreciation to 5%. We direct the AO to allow the claim of depreciation @ 10%. Thus the ground of the assessee is allowed.
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