TMI Blog2012 (10) TMI 1172X X X X Extracts X X X X X X X X Extracts X X X X ..... Aarsi Prasad O R D E R PER DINESH KUMAR AGARWAL, J.M. This appeal preferred by the assessee is directed against the order dtd. 19-8-2010 passed by the ld. CIT(A) 2, Mumbai for the A.Y. 2005-06. 2. It is observed that the appeal filed by the assessee is delayed by 17 days. It was explained by the assessee that the concerned person Mr. Anand Khemka, Managing Director of the company was out of station and hence was not able to sign the appeal paper in time and due to this there was a delay in filing the appeal and in support, affidavit of Mr. Anand Khemka was also filed. 3. On the other hand, the ld. D.R. did not seriously object to the condonation of delay. 4. After hearing the rival parties and perusing the materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vehicles which have not been done, this amounts to violation of the law on registration of vehicles. He further observed that the assessee cannot claim benefit under a particular statute by violating the requirements of another statute which can never be the intention of the legislature. Accordingly he held that the appellant is not entitled to depreciation at all and directed the A.O. to disallow 100% claim of depreciation resulting into enhancement of income of the assessee. 6. Being aggrieved by the order of the ld. CIT(A) the assessee is in appeal before us taking the following ground of appeal:- The Learned CIT(A) has erred in confirming the disallowance the depreciation on motor car and enhancing the disallowance from 25% of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Motor Vehicles Act does not distract from the fact that the beneficial owner is the assessee and that the assets is put to use for the purpose of assessee s business and not for personal use by the director of the company, therefore, in our view the depreciation is admissible thereon. 10. In Dilip Singh Sardarsingh Bagga (supra) it has been observed and held as under (headnote page 995 996) :- Registration under the Motor Vehicles Act is not an essential prerequisite for the acquisition of ownership of the motor vehicle but is an obligation cast upon an owner of the vehicle for the purpose of running the vehicles in any public place. From a plain reading of section 31 of the Motor Vehicles Act, 1939 (corresponding to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee by the Housing Board, part payment received and possession delivered so as to confer dominion over the property on the assessee whereafter the assessee had in its own right allotted the quarters to the staff and they were being actually used by the staff of the assessee. The assessee was entitled to depreciation in respect of the seven houses in respect of which the assessee had not obtained a deed of conveyance from the vendor although it had taken possession and made part payment of the consideration. 12. In CIT vs. Metalman Auto P. Ltd. (2011) 336 ITR 434 (P H) it has been observed and held as under (headnote page 435) :- (v) That the air-conditioners though purchased in the name of the managing director and his wife were f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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