9911796707
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Issues:
1. Disallowance of car maintenance, interest on car loan, and depreciation on car. 2. Disallowance of interest paid to others. Analysis: Issue 1: The appeal was filed by the Revenue challenging the order of the CIT(A) regarding the disallowance of certain expenses related to car maintenance, interest on car loan, and depreciation on car. The AO proposed to disallow these expenses under section 154 of the IT Act. The assessee, in response to the show-cause notice, explained that the assets and liabilities of the business were transferred to a proprietary concern, and some remained unchanged. The assessee had voluntarily disallowed a portion of car expenses. The AO did not consider this explanation properly and made a non-speaking order. The CIT(A) found the AO's approach incorrect, as no reasons were given for the disallowance. The CIT(A) canceled the order under section 154 and allowed the appeal of the assessee. Issue 2: The Revenue contended that the matter should be sent back to the AO for verification of whether the car was used for business purposes and if the funds were utilized for business. The Authorized Representative argued that the AO's order was non-speaking, the assessee's reply was not considered, and the mistakes were not apparent from the record. The Authorized Representative supported the CIT(A)'s decision. The Tribunal held that only mistakes apparent from the record could be rectified, and debatable issues could not be addressed. After reviewing the assessee's reply and the CIT(A)'s decision, the Tribunal found no issues with the CIT(A)'s order and dismissed the Revenue's appeal, confirming the CIT(A)'s decision. In conclusion, the Tribunal upheld the CIT(A)'s decision to cancel the order disallowing certain expenses and dismissed the Revenue's appeal, stating that only mistakes apparent from the record could be rectified.
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