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2022 (10) TMI 541 - ITAT DELHIApplicability of provisions of section 44AE - deduction of business expenditure against the business receipts - HELD THAT:- As there is no dispute that the assessee fulfilled the aforesaid conditions, he owned not more than ten carriages at any time during the previous year and he was also engaged in the business of plying, hiring or leasing of such goods carriages. The receipts related to such goods carriages which owned by the assessee, would be subjected to provisions of section 44AE of the Act. In the present case, the assessee has taken certain goods carriages on hire which is not owned by the assessee and the assessee claimed certain expenses related to such carriages which is disallowed by the lower authorities. CIT(A) has not appreciated this aspect. AO is directed to give deduction of expenditure which related to the goods carriages which were not owned by the assessee but taken on hire from the open market for carrying out the transportation activities. Hence, Ground Raised by the assessee in this appeal are allowed in terms indicated herein above. Appeal of the assessee is partly allowed.
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