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ECO RRB Infra Pvt. Ltd. (Earlier Known As RRB Consultants & Engineers Pvt Ltd) Versus DCIT, Circle-15 (1) , New Delhi

2015 (11) TMI 489 - ITAT DELHI

Expenses of building repair - revenue v/a capital expenditure - Held that:- By applying the ratio of judgement in the case of Kaira Distt. Cooperative Milk Producers Union Ltd. [1991 (6) TMI 63 - GUJARAT High Court] and Delhi Press Samachar Patra (P.) Ltd. (2010 (2) TMI 43 - DELHI HIGH COURT) the expenditure incurred by the assessee for water proofing work, fall in the category of current repairs and not the luxury repairs, hence, allowable as deduction u/s 30A(ii) of the Act. - Decided against .....

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ry is running, gets appreciated in terms of its value. So, no ground is made out to interfere into the order of Ld. CIT(A) in disallowance of depreciation on WEG land to the tune - Decided against assessee. - ITA No. 6633 /Del/2013 - Dated:- 13-10-2015 - T S Kapoor, AM And Kuldip Singh, JM For the Petitioner : Shri K Sampath, Raj Kumar, Adv. For the Respondent : Shri Amresh Bedi, Sr. DR ORDER Per Kuldip Singh, JM The appellant Eco RRB Infra Pvt. Ltd. by filing the present appeal, sought to set a .....

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649/-, was put under scrutiny assessment under CASS and consequently, statutory notices u/s 143(2) dated 19.09.2011 and 28.09.2011 and notice u/s 142(1) dated 21.08.2012 were issued. Shri F.A. Samsi, C.A. being AR of the assessee attended the proceedings, filed documents / evidences in support of his claim. 3. The assessee company is engaged in the field of power generation, consultancy services in power sector. From the perusal of Profit & Loss account for the period under scrutiny it is no .....

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being an expenditure of capital nature. Finding the reply dated 07.02.2013 not tenable, an amount of ₹ 7,96,187/- is added back to the returned income of the assessee and ₹ 88,465/- is allowed as depreciation @ 10% on building. 4. It has also been observed that during assessment proceedings for the year 2006-2007 to 2009-2010 depreciation claimed by assessee on WEGs land was disallowed. Assessee company has filed chart showing depreciation on WEG for the year 2010-2011 as ₹ 9, .....

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/- on WEG land is also allowable. On the other hand, Ld. D.R. reiterated the contentions made before Ld. CIT(A) and relied upon the impugned order and prayed for dismissal of appeal. 7. We have heard the Ld. Authorized Representatives of the parties, have gone through the documents brought on record in the light of the facts and circumstances of the case. 8. A bare perusal of the impugned order passed by Ld. CIT(A) shows that the same has been passed on the basis of conjectures and surmises and .....

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