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2018 (10) TMI 1589 - AT - Income TaxDisallowance of depreciation @ 30% on cars and various expenses incurred on cars treating the same for noncommercial purpose - Held that:- CIT(A) has given a categorical finding that log books for each vehicle and even the books of account were not produced for verification before the Assessing Officer as well as before him. But while arriving at the disallowance of 30% depreciation and ₹ 50,000/- out of maintenance expenses the same was not based on any specific basis by the Assessing Officer as well as by the CIT(A). Besides, AR submitted that the documents were provided before the revenue authorities but the same was not properly considered by the Revenue. Therefore, it will be appropriate to remand back this issue to the file of the Assessing Officer to verify this issue. Addition as notional income from house property - addition on estimates basis - Held that:- admittedly no benefit was derived from the house property in the year under reference by the assessee and no depreciation was claimed on the property. The business exigency required the assessee to visit Bilaspur which was pointed and demonstrated by the assessee. Therefore, the Assessing Officer merely on estimate basis cannot make the addition. Thus, Assessing Officer as well as CIT(A) was not correct in making this addition on estimated basis. TDS u/s 194C - sums credited or paid during the year to the contractor during the course of business of plying, hiring or leasing goods carriages, on furnishing PAN, to the person paying or crediting the such sum - scope of amendment in section 194C(6) - Held that:- It is pertinent to note that the Assessing Officer while making additions has not taken proper cognizance of the documents produced at the time of assessment proceedings by the assessee. Therefore, it will be appropriate to admit the additional evidence at this juncture and remand back this issue to the file of the Assessing Officer to verify this issue in light of the various documents produced by the assessee. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. Ground partly allowed for statistical purpose. Admission of additional evidence - Held that:- It is pertinent to note that the relevant documents were not produced before the revenue authorizes, but at the same time the Assessing Officer while making additions has not taken proper cognizance of the documents produced at the time of assessment proceedings which are not supported by the assessee with the other documents. Therefore, it will be appropriate to admit the additional evidence at this juncture and remand back this issue to the file of the Assessing Officer to verify this issue in light of the various documents produced by the assessee. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. Ground partly allowed for statistical purpose.
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