Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (12) TMI 106 - AT - Income TaxDisallowance of depreciation in respect of property acquired by the assessee - building was not put to use during the year - date on possession of property received - Held that:- From the record, we found that the assessee had purchased the office premises. The said premise was handed over by the builder to the assessee on 29/6/2011. The objection raised by the AO that the possession letter dated 29/6/2011 refers to the registered document dated 6/7/2011 is only a technical issue. The possession was handed over on 29/6/2011 and thereafter the letter was issued by the builder by referring to the registered document. Besides this the assessee has provided various other documents in the form of maintenance bills, amenities bill, shifting of files, parking space letter, computer installation report, registration with government authorities, etc. These documents are acknowledged by third party. The documents have not been doubted by the AO. We also found that the assessee had applied to TATA power and the assessee has provided bill for January and February 2012 to the AO. The assessee has provided the computer installation and - testing report and also the certificate from the Deputy Director of industries to prove that the assessee had commenced business from the said premises on 1st August 2011. Thus we observe that assessee has beyond doubt proved that the assessee was the owner of the office premises and had used the said premises during the previous year from 1/8/2011. - Decided in favour of assessee.
|