TMI Blog2013 (6) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... - ITA No. 2926/Del/2012 - - - Dated:- 28-6-2013 - S. V. Mehrotra (Accountant Member) And A. D. Jain (Judicial Member) For the Appellant : Satpal Singh, Sr. DR For the Respondents : Ved Jain, CA Shri A. K. Agarwal, CA ORDER S. V. Mehrotra (Accountant Member) The Department has filed this appeal against the order dated 27.03.2012 of Ld. CIT(A)-XI, New Delhi for the assessment year 2008-09. 2. Brief facts of the case are that the assessee company is a member of National Stock Exchange and depository participant of NSDL and CDSL. It had filed its return declaring income of ₹ 1,12,61,88,270/-. The assessment was completed on total income of ₹ 112,85,33,870/-, inter alia, making following additions:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee had debited various expenses in its profit and loss account. The assessing officer has observed that on examination of the bills and vouchers, it was found that some of the bills and vouchers were self generated assessee which could not substantiate fully. He, therefore, disallowed ₹ 2 lakhs on estimated basis. Ld. CIT(A) deleted the addition, inter alia, observing that the disallowance was illegal. 6. We have considered the submissions of both the parties and have perused the material on record. Admittedly, the assessing officer has not pointed out any specific instance of non-verifiability of expenses. He has not pointed out under which head the disallowance was made. The assessee company had itself declared taxable income o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of ₹ 3,04,397/- as under:- (a) More than 180 days: 3,02,020/- @ 15 %= ₹ 45,303/- (b) Less than 180 days: ₹ 7,48,837/-@ 7.5%= ₹ 56163/- Total ₹ 101466/- Assessee s claim of depreciation to the extent of ₹ 304397/- (Rs. 405863- 101466) is disallowed on these items. 8. Ld. CIT(A) deleted the disallowance following the decisions of Delhi Tribunal in the case of ACIT Vs. Container Corporation India Ltd. in ITA Nos 2851 3680/Del/2007. 9. Both the parties agreed that now this issue is no more res- integra in view of the decision of the jurisdictional Hon b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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