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2017 (12) TMI 1850 - AT - Income TaxDepreciation on hoardings - whether the hoardings were temporary or permanent structure - Depreciation @ 100% treated as temporary structures as against the treatment given by the AO as plant and machinery allowing depreciation @ 15% - depreciation on hoardings claimed by the Assessee and disallowed by the AO depreciation on Hoarding Structures (Bus Shelters) on additions for more than 180 days - HELD THAT:- As in the Assessment Order for the AY. 2009-10, AO disallowed Rs. 57,73,114 out of total depreciation claimed of Rs. 1,94,65,631 @ 100% on the additions of more than 180 days to the Hoarding Structures ( Bus Shelters). He further disallowed 50% depreciation amounting to Rs.7,74,495/- on additions of Rs.15,48,990/- Hoarding structures (Bus Shelters) for less than 180 days in Paragraph 3 on page 2 of the order. He allowed the balance 50% of the claim for depreciation of Rs.18,77,500/- on Hoarding Structures that was disallowed in A.Y. 2008-09 in paragraph 3 on page 3 of the order. It is thus clear from the order of CIT(A) that the depreciation disallowed by the AO of Rs.57,73,114 was depreciation on hoardings and structures which were used for more than 180 days. Therefore there is no merit in ground No.2 raised by the revenue before us.
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