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2021 (1) TMI 785 - AT - Income TaxDisallowance of depreciation on rental assets - assessee company is not using the assets for self use and the assets were hired out for a fixed period and the agreements provided that on payment on all instalments the title of the assets passes on to the hirer - CIT-A deleted the addition - HELD THAT:- A perusal of the order of the Ld. CIT(A) shows that while deleting the disallowance he has followed the decision of the Tribunal in assessee’s own case in the preceding assessment year [2016 (11) TMI 1362 - ITAT DELHI] Since the AO while disallowing the depreciation has followed the order of his predecessor and disallowed the depreciation holding that the order of the Ld. CIT(A) deleting the disallowance has been challenged by the revenue before the Tribunal and since the Tribunal has already deleted such disallowance, therefore we do not find any infirmity in the order of the Ld. CIT(A) deleting such disallowance of depreciation. Ld. DR could not point out any distinguishing features so as to take a contrary view from the view taken by the Ld. CIT(A) on this issue. - Decided against revenue.
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