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2022 (7) TMI 264 - AT - Income TaxDisallowance of depreciation on buildings and expenditure on account of telephone and vehicle - HELD THAT:- The issue of ad hoc disallowance was also dealt with by the ITAT [2019 (3) TMI 1983 - ITAT DELHI] and finding that no cogent material was produced by the AO for the disallowance, the same was deleted. We find that the aforesaid decision of ITAT fully applies to the present case. It is not the case that the decision of ITAT was reversed by Hon'ble jurisdictional High Court [2010 (12) TMI 947 - DELHI HIGH COURT], hence the grounds for disallowance of depreciation and ad hoc disallowance of expenditure on account of telephone and vehicle are directed to be deleted. Disallowance u/s. 40A(3) - assessee states that date on which payments were made were public holidays and hence the same falls under the exception clause and the same should be allowed - HELD THAT:- Since this is factual aspect we deem it appropriate to remit this issue to the file of AO. AO shall consider the issue afresh and decide the issue only for those payments, which were made on those days that the asses see claimed as bank holidays, is found to be correct and found to be falling under the exception clause. Other payment on the ground of only business exigency, we do not find any infirmity in the orders of the authorities below on this issue. Less credit of TDS, since the matter is going back to the AO, AO shall examine the same and decide as per law. Appeal of the assessee is partly allowed.
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