TMI Blog2010 (2) TMI 977X X X X Extracts X X X X X X X X Extracts X X X X ..... l firm namely M/s. Shah Raju and Associates, wherein he is a partner, which, inter alia, includes remuneration amounting to Rs. 2,10,624. Apart from this, in his personal capacity, the assessee declared professional receipts of Rs. 4,45,081 and claimed the following expenses amounting to Rs. 1,19,169 as under : (Rs.) (i) Incidental expenses, i.e., advocate fees, books, conveyance, stationery, bank charges, salary, etc. 68,715 (ii) Cost of acquisition office premises at World Business Centre actual cost Rs. 50,454 Acquired before September 30, 1997 depreciation at 10 per cent. 5,04,541 Total 1,19,169 During the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,00,000 out of total addition of Rs. 13,69,972 towards professional income. The learned Commissioner of Income-tax (Appeals) restored the issue regarding disallowance of depreciation in respect of office premises amounting to Rs. 50,454 to the file of the Assessing Officer. Aggrieved by the order of the learned Commissioner of Income-tax (Appeals), the assessee is in appeal before us on the following grounds : "1. The order passed by the learned Commissioner of Income-tax (Appeals) is bad in law since it is contrary to the provisions of the law and the facts of your appellant's case. It is submitted that it be so held now. 2. The learned Commissioner of Income-tax (Appeals) erred in quashing the order framed by the Assessing Officer. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for hearing before us, the assessee himself along with his counsel Shri Dhiren Shah appeared. The paper book containing 89 pages was filed which, inter alia, include return of income submitted, various details submitted before the Assessing Officer and a copy of return of income furnished by the firm, in which the assessee is a partner, namely M/s. Shah Raju and Associates along with tax audit report, is also furnished. Learned counsel for the assessee submitted that the assessee is maintaining his accounts on cash basis. Various power of attorney were submitted before the various Benches of the High Court including the power of attorney submitted in respect of cases of firm, namely M/s. Shah Raju and Associates, wherein the assessee is a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etter of Registry of the hon'ble Gujarat High Court vis-a-vis details of computer data of cases with narration procured by the appellant from the Registry of the hon'ble Gujarat High Court and the professional fees received during the year in the account of M/s. Shah Raju Associates and in the account of Shri Sunit S. Shah (individual) and also the cases where no fees charged or not received or not applicable with reasons, which is appearing at pages 2 to 34 of the paper book. (2) Professional fees account of the assessee (individual), which is appearing at pages 35 to 37 of the paper book (3) Professional fees account of M/s. Shah Raju and Associates wherein the assessee is a partner, which is appearing at pages 38 to 46 of the paper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer with the direction that he may verify the reconciliation submitted before him. The Assessing Officer may make cross verify directly from the few clients and readjudicate the ground relating to estimation of professional receipt in accordance with law after giving proper opportunity of being heard to the assessee. Coming to the issue regarding allowance of depreciation of Rs. 50,454, in our opinion, no interference is called for. Before the learned Commissioner of Income-tax (Appeals), it was contended that the office premises were used wholly and exclusively for the purpose of business. It was purchased in the year 1997-98. In the earlier year also, it was used for the purpose of profession. Depreciation was allowed. In these ..... X X X X Extracts X X X X X X X X Extracts X X X X
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