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TMI Blog2016 (4) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... atory for very existence of the company. The claim should have been considered and allowed in full. 3. That the losses of the past both business and depreciation etc duly assessed and determined merits to be adjusted against the taxable income computed. That the Ld. CIT(A) has omitted to consider the mistakes in the taxable income computed. 4. That the assessment as framed being bad in law and facts merits to be set aside. 2. The facts in brief are that the assessee filed return of income declaring income of Rs. 21,23,090/-on 29/09/2008. The income declared was comprised of rental income, interest income and excess provision written back . The case was taken up for scrutiny and notice under section 143(2) of the Income-tax Act, 1961 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and the depreciation. In respect of allowance of past determined losses against the income computed, the Ld. CIT(Appeal) directed the Assessing Officer to verify the record and allow the brought forward losses in accordance with the provisions of the Act. Aggrieved, the assessee is in appeal before the Tribunal. 3. In ground No. 1, the assessee has challenged both the disallowances i.e. the disallowance of expenditure of Rs. 12, 51, 610/-and disallowance of depreciation of Rs. 94,330/-. In ground No. 2 the assessee has challenged the disallowance of expenses of Rs. 12, 51, 610/-. 4. Before us, the Ld. Authorised Representative of the assessee filed a paper book containing pages from 1 to 47 and submitted that the assessee was engaged i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. Senior Departmental Representative, relying on the order of the lower authorities submitted that no business or professional receipts were shown by the assessee during the year and as such no deduction for expenses towards business or profession was allowable to the assessee. 5. We have heard the rival submissions and perused the material on record. It is a fact that the assessee has not shown any receipt from business or profession during the year but claimed expenses in the nature of Establishment Expenses, Administrative and General Expenses, Financial Charges and the Depreciation under the head profit and gains of the Business or profession. Before us, the assessee has submitted detail of expenses of similar nature incurred from a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al the following passage from Hoystead vs. Commr. of Taxation (1926) AC 155 (PC) : "Parties are not permitted to begin fresh litigations because of the view they may entertain of the law of the case, or new versions which they present as to what should be a proper apprehension by the Court of the legal result either of the construction of the documents or the weight of certain circumstances. If this were permitted litigation would have no end, except when legal ingenuity is exhausted. It is a principle of law that this cannot be permitted, and there is abundant authority reiterating that principle." 8. The Court reiterated the following observation made by it in Parashuram Pottery Works Co. Ltd. vs. ITO. 1977 CTR (SC) 32 : (1977) 106 IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment years was, in the context of the very same facts and circumstances as are relevant for the year under consideration, treated as business income of the assessee. In the absence of a change in facts or any Addl. input there was no compelling reason for taking a different view. The CIT(A) and the Tribunal were, therefore, justified in holding that the view taken for the earlier assessment years continued to be applicable even for the year under consideration." 6. Further, from the details filed for the earlier and subsequent years, we find that the assessee was engaged in professional activity and maintained infrastructure in the form of office space and also incurred travelling expenses. It is quite possible that the assessee may no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4,330/-on building on the ground that the building was let out and the rental income from the same was claimed under the head income from house property and thus necessary deduction has already been allowed under that head. Before the Assessing Officer, the assessee submitted that depreciation was claimed on the building which was for the personal use of the assessee, notwithstanding the fact that the substantial portion of the building was rented out and the standard deduction under section 24 was claimed and therefore the depreciation claimed in the circumstances merits to be suitably adjusted vis-a-vis the claim preferred. However the Assessing Officer disallowed the entire depreciation of Rs. 94,330/-. The Ld. Commissioner of Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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