1981 (2) TMI 110 - AT - Income Tax

Summary

Issues:
1. Depreciation claim on a motor car for asst. yrs. 1976-77, 1977-78, and 1978-79.
2. Disallowance of motor car expenses and depreciation for asst. yr. 1977-78.
3. Disallowance of interest under s. 40A(8) for asst. yr. 1977-78.
4. Disallowance of depreciation on a car for asst. yr. 1978-79.

Analysis:
1. For the asst. yr. 1976-77, the assessee claimed depreciation on a motor car, which was disallowed by the ITO due to non-business use. The Commr. (Appeals) restricted the claim to 75%, but the assessee appealed. The ITAT considered the non-business use due to directors having personal cars and allowed 1/10th of the claim for depreciation to cover non-business use.

2. In the asst. yr. 1977-78, the ITO restricted motor car expenses and depreciation to 50%, upheld by the Commr. (Appeals). The ITAT, following the previous decision, restricted the disallowance to 1/10th of the total claim made by the assessee.

3. The disallowance of interest under s. 40A(8) for asst. yr. 1977-78 was based on the ITO's decision to disallow 15% of interest paid on deposits. The Commr. (Appeals) upheld this decision, but the assessee contended that as a land development company, the disallowance was not justified. The ITAT agreed, stating that the company's business fell under the definition of a "Financial Company," and thus, the disallowance was deleted.

4. For the asst. yr. 1978-79, the disallowance of depreciation on a car was at 30% of the total claim, which the ITAT reduced to 1/10th of the total claim, following the same reasoning as in the previous years. Additionally, the disallowance under s. 40A(8) was not pursued by the assessee and was treated as withdrawn. As a result, the Appeals were partly allowed.