9911796707
TMI Blog2019 (6) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... 05.2017 passed by the learned Commissioner of Income Tax (Appeals)-9, Mumbai. ["Ld. CIT(A)"] u/s 250 of the Income-tax Act, 1961 ("Act"), your appellant prefers this appeal, among others, on the following grounds of appeal, each of which is without prejudice to, and independent of, the other: 1. On the facts and in the circumstances of the case, and also in law, the Ld. CIT(A) erred in confirming the disallowance of depreciation of Rs. 4,34,854/- on the office premises. The Ld. CIT(A) erred in not appreciating that this office premises being part of the block of asset, depreciation ought to have been allowed thereon notwithstanding the fact that, during the year under appeal the office premises was let out by the appellant. Your appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see admitted to the fact the such expenditure was not allowable to the assessee. 3. However, the assessee agitated the same without any success before first appellate authority wherein the assessee while controverting the findings of Ld. AO, submitted that once an asset forms part of the block of assets, it loses its independent identity & depreciation is fully allowable against the same irrespective of user condition qua a particular asset forming part of the block. Reliance was placed on certain judicial pronouncements in support of the same. However, not convinced, Ld. CIT(A) confirmed the disallowance by observing as under: - 8.3.1. I have considered the stand of the AO as well as the written submissions dated 30/05/2017 filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before Ld. first appellate authority whereas Ld. DR submitted that the impugned order required no interference. 4. Upon careful consideration, the undisputed position that emerges is that the assessee has earned rental income from certain office premises which forms part of the block of assets. The rental income from these premises has been assessed under the head Income from House Property against which statutory deduction u/s 24 has already been allowed to the assessee. The assessee is not disputing the disallowance of office maintenance charges claimed against the premises as business expenditure but disputing the claim of depreciation against office premises. The perusal of block of asset, as placed on record, reveal that the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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