2009 (11) TMI 953 - AT - Income Tax

Summary

Issues involved:
1. Carry forward of business loss disallowed by Assessing Officer.
2. Disallowance of miscellaneous expenses.
3. Disallowance of preliminary expenses.
4. Disallowance of depreciation claimed on plant and machinery.
5. Addition claimed in assessment year 2001-02.

Issue 1: Carry forward of business loss disallowed by Assessing Officer
- The Revenue appealed against the decision of Ld. CIT(A) directing the A.O. to allow the carry forward of the loss disallowed by the Assessing Officer.
- The assessee company had submitted details regarding the eligibility of the set off of brought forward losses.
- The A.O. contended that the business loss was not eligible for carry forward due to violation of provisions of Section 80 of the Act.
- Ld. CIT(A) held that the assessee was eligible for carry forward and set off of the losses based on the submissions made.
- The Tribunal dismissed the Revenue's appeal, stating that the order of Ld. CIT(A) was correct in law.

Issue 2: Disallowance of miscellaneous expenses
- The Revenue appealed against the decision of Ld. CIT(A) in deleting the disallowance made by the Assessing Officer out of miscellaneous expenses.
- The A.O. disallowed a sum of &8377; 1 lakh, alleging non-business purposes for certain expenses.
- Ld. CIT(A) deleted the disallowance as no specific defects were pointed out by the A.O.
- The Tribunal upheld the decision of Ld. CIT(A) and dismissed the Revenue's appeal.

Issue 3: Disallowance of preliminary expenses
- The Revenue appealed against the decision of Ld. CIT(A) in deleting the disallowance made by the Assessing Officer out of preliminary expenses.
- The A.O. disallowed the expenses as they were deemed not verifiable.
- Ld. CIT(A) directed the A.O. to verify the claims of the assessee.
- The Tribunal found Ld. CIT(A)'s findings correct and dismissed the Revenue's appeal.

Issue 4: Disallowance of depreciation claimed on plant and machinery
- The Revenue appealed against the decision of Ld. CIT(A) in directing the A.O. to allow the depreciation disallowed by the Assessing Officer.
- The A.O. disallowed the depreciation as the income from lease was assessable as income from other sources.
- Ld. CIT(A) held that the depreciation claim was allowable as the assets were owned by the assessee.
- The Tribunal upheld the decision of Ld. CIT(A) and dismissed the Revenue's appeal.

Issue 5: Addition claimed in assessment year 2001-02
- The Revenue appealed against the direction of Ld. CIT(A) to verify the return for assessment year 2001-02 and to delete the addition claimed by the assessee.
- The income claimed in assessment year 2001-02 was inadvertently not included in an earlier year but was offered in the subsequent year.
- The Tribunal held that there was no basis for including this sum as income of the year under consideration and dismissed the Revenue's appeal.

This judgment by the Appellate Tribunal ITAT INDORE addressed various issues related to the assessment year 2000-01, including the eligibility of carry forward losses, disallowance of expenses, and depreciation claims. The Tribunal upheld the decisions of Ld. CIT(A) in most cases, stating that they were correct in law based on the submissions and evidence presented.