TMI Blog2023 (6) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... ut actually not put to use. Before us, Revenue has not pointed to any contrary binding decision in its support. In such a situation, we hold that assessee is entitled for deprecation for entire year. Direct the AO to allow the claim of depreciation for the entire year. Thus the ground of assessee is allowed. - ITA No. 2755/Del/2019 - - - Dated:- 31-5-2023 - Sh. Anil Chaturvedi, Accountant Member And Sh. Anubhav Sharma, Judicial Member For the Assessee : Shri M. R. Sahu, C.A. For the Revenue : Shri B. M. Singh, Sr. D.R. ORDER PER ANIL CHATURVEDI, AM : This appeal filed by the assessee is directed against the order dated 04.02.2019 passed by the Commissioner of Income Tax (Appeals) XXV, New Delhi for Assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;s name , hence impugned disallowance of Rs. 6,42,840/- is arbitrary and untenable deserves to be deleted in full. 2. Without prejudice point no-1, That having regard to the facts of the case, provisions of law and judicial propositions the Ld. CIT(A) grossly erred in disallowing Rs. 6,42,840/- in considering vehicle registration date i.e. 22/11/2014 as the date when the vehicle was available for use and thus allowed only 50% depreciation u/s 32 of the Income Tax Act as the vehicle was available to use for less than 180 days. AO has been grossly erred in disregarding judicial pronouncements of several High Courts including that of Jurisdictional Delhi High Court where it has been held that the expression used for the purpose of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee had purchased the vehicle on 22.09.2014, the vehicle was insured also on 22.09.2014. He submitted that assessee had paid the entire purchase price including the insurance before 30.09.2014 but the vehicle got registered on 22.11.2014. He submitted that since the vehicle was ready for use on the date of purchase i.e. on 22.09.2014, it satisfied the concept of Passive User and since the vehicle was ready for use during the first half of F.Y. 2014-15, the assessee was entitled to claim 100% depreciation u/s 32 of the Act for full year. In support of his contention that the vehicle was purchased before 30.09.2014, he placed on record the copy of the invoice of the purchase of vehicle. He also placed on record the copy of the Certificate is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the second half i.e. on 22.11.2014 but it had paid for the purchase of vehicle in the first half of the year i.e. on 22.09.2014 and also received the delivery of the vehicle on 22.09.2014 and the vehicle was thus in the possession of the assessee before 30.09.2014. The aforesaid factual submissions of the assessee has not been controverted by Revenue. We find force in the argument of Learned AR that since the assessee had paid for the entire purchase cost and had vehicle in its possession before 30.09.2014 and simply because the registration was done on 22.11.2014, the assessee cannot be denied the benefit of depreciation for the full year. We find support in the decision of Hon ble Delhi High Court in the case of National Thermal Power Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
