TMI Blog2019 (7) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... reciation on furniture and fixtures - addition on furniture and fixtures in the case of assessee during the assessment year under appeal - Revenue denied the depreciation on the ground that these furnitures and fixtures were not utilized within 31.03.2010, since as per the Revenue the date of procurement of these furnitures was itself 31.03.2010 - HELD THAT:- Assessee has placed on record complete information in tabulation form which has been made part of this order wherein it is evident that the date of invoice was much prior to 31.03.2010 whereas only the date of accounting of invoice was 31.03.2010 and also the materials were received prior to 31.03.2010. DR could not controvert these facts by placing any other submissions or material on record. Even, CIT (Appeals) has not brought any specific or cogent reasons for disallowing depreciation claimed for furnitures and fixtures. The order of CIT(Appeals) surrounds on surmises, suspicion and guess work and therefore, is not legally acceptable.- Ground No.2 raised in appeal by the assessee is allowed. - ITA No.2181/PUN/2016 - - - Dated:- 27-6-2019 - SHRI ANIL CHATURVEDI, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that he is not pressing ground No.3 in the grounds of appeal. Therefore, in view of the submission of the Ld. AR, ground No.3 raised in appeal by the assessee is dismissed as not pressed‟. 3.1 That with regard to ground No.1, the Ld. AR reiterated the submissions as placed before the Sub-ordinate Authorities and submitted that the only reason for disallowing the claim of depreciation amounting to ₹ 8,81,838/- since no completion certificate from Local Authority or Concerned Authority was provided by the assessee to the Department. The Ld. AR invited our attention to Page 72 of the paper book where completion certificate has been given dated 02.03.2010 by the architect of the building and this has been placed on record before the Department. However, this was not considered by the Revenue Authorities. Just because, there was no completion certificate produced from the local authority, depreciation was denied by the Department. 3.2 That further, the Ld. AR of the assessee submitted that on perusal of the order of the Ld. Commissioner of Income Tax (Appeals), he has upheld the disallowance made by the Assessing Officer again on same premis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer. Merely because the completion certificate has not been obtained since the building was not complete in every respect as per the approved plan cannot be a ground to disallow the claim of depreciation especially when the building has been utilised for the purpose of business which is proved by the huge increase in turnover during the year. Under these circumstances and in absence of any contrary material we find no reason why depreciation should be disallowed. In this view of the matter and in view of the detailed discussion by the Ld.CIT(A) allowing the claim of depreciation we find no infirmity in his order. Accordingly, the same is upheld. Grounds raised by the Revenue are accordingly dismissed. In the above referred case, it has been categorically held by the Co-ordinate Bench of the Tribunal, Pune that merely because completion certificate has not been obtained, it cannot be the ground to disallow the claim of depreciation especially when the building has been utilized for the purpose of business. 6. Reverting to the facts of the present case, the assessee has the completion certificate from the architect of the building dated 02.03.2010, that fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31/03/2010 31/03/2010 4,002/- Annex-3(c) 3 Arati Plywood- Veener Wenge 08/03/2010 31/03/2010 31/03/2010 4,260/- Annex-3(d) 4 Arati Plywood-LH Panel in 08/03/2010 31/03/2010 31/03/2010 748/- Annex-3(e) 5 Arati Plywood- Sal wood 18/03/2010 31/03/2010 31/03/2010 5,144/- Annex-3(f) 6 Arati Plywood- Commply 18/03/2010 31/03/2010 31/03/2010 13,325/- Annex-3(g) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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