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2023 (5) TMI 625 - ITAT JODHPURDisallowance being half of depreciation and director remuneration claimed - business of the assessee suspended during the year under consideration - machinery were used for less than 180 days - whether temporary lull in the business would disentitle the assessee to claim depreciation and other expenses for full year? - HELD THAT:- As relying on M/S. CHENNAI PETROLEUM CORPORATION LTD. [2013 (8) TMI 525 - MADRAS HIGH COURT] and M/S ISHWAR BUILDERS PVT. LTD VERSUS THE DY. C.I.T CIRCLE – 12 (2) NEW DELHI [2019 (12) TMI 613 - ITAT DELHI] there is no requirement of disallowing part of director’s remuneration and depreciation when the business was stopped due to temporary lull. Accordingly, we set aside the order passed by CIT(A) on the above said two issues and direct the AO to delete the disallowances. Disallowance sustained by the CIT(A) made out of various expenses - We notice that the assessee did not controvert the finding of the AO that some of the vouchers are supported by self made vouchers. Accordingly, we do not find any reason to interfere with the decision rendered by Ld CIT(A) on this issue. Appeal of the assessee is partly allowed.
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