TMI Blog2018 (10) TMI 1107X X X X Extracts X X X X X X X X Extracts X X X X ..... expenses as well as depreciation on the aforesaid issues. It was further submitted by the Ld. Counsel for Assessee that the disputed issues in the present appeal before us, in ITAT, are squarely covered in favour of the assessee by virtue of order of ITAT, Delhi Benches, Delhi in assessee’s own case. Held that:- following the decision in the earlier case which is accepted by the revenue, decided in favor of assessee. - ITA No:- 6748/Del/2015 - - - Dated:- 9-10-2018 - SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER For The Assessee : Sh. B.L Gupta, ITP/AR For The Revenue : Sh. K. Hauthang, Sr. DR, ORDER PER: ANADEE NATH MISSHRA, AM This appeal by the Assessee is filed ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not closed of the company wind up which continued to be in existence as also in the earlier. (2) At the time of hearing before us, the Appellant filed following written submissions: i. The assessee had earned generator hire charges of ₹ 1,02,000/-. The assessing officer held that such charges should be treated as income from other sources. Besides the AO disallowed the deprecation as claimed as per the deprecation chart. Expenses as per the Profit and Loss account were also disallowed. In the first appeal the CIT(A) had confirmed the order of the AO in respect of these disallowances. We are in appeal now before the Hon'ble ITAT. ii. Exactly similar point was involved in for the Assessment Year 2013-14 before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ical issues regarding allowability of business expenses and regarding allowability of depreciation in favour of the assessee for Assessment Year 2013-14; which was accepted by Revenue and no appeal was filed by Revenue. The Ld. Counsel for Assessee further submitted that in Assessment Year 2014-15, the Assessing Officer himself allowed the business expenses as well as depreciation on the aforesaid issues. It was further submitted by the Ld. Counsel for Assessee that the disputed issues in the present appeal before us, in ITAT, are squarely covered in favour of the assessee by virtue of order of ITAT, Delhi Benches, Delhi in assessee s own case for Assessment Years 2001-02 2002-03 vide consolidated order dated 29.08.2008 of ITAT in ITA Nos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the order of Ld. CIT(A) and did not file any appeal in A.Y. 2013-14. The Ld. DR further failed to distinguish the facts of this year with the facts of Assessment Years 2001-02 and A.Y. 2002-03, in which; ITAT dismissed Revenue s appeal and allowed the Assessee s claim for deduction on account of business expenses and depreciation. We find that the issues regarding allowability of business expenses and depreciation were decided in favour of the Appellant by the order of ITAT in assessee s own case for A.Ys. 2001-02 2002-03, vide consolidated order dated 29.08.2008 in ITA Nos. 1808/Del/2006 1809/Del/2006. As the Ld. DR failed to distinguish the facts of this year with the facts of A.Y. 2001-02 2002-03 and further, as the Ld. DR fail ..... X X X X Extracts X X X X X X X X Extracts X X X X
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