1993 (6) TMI 118 - AT - Income Tax

Summary

Issues:
1. Annual letting value of properties
2. Disallowance under s. 37(3A) of the IT Act
3. Addition under s. 37(4) of the IT Act
4. Disallowance of depreciation on imported jeeps
5. Disallowance of depreciation on 'Caravans'

Detailed Analysis:

1. The first issue pertains to the annual letting value of three multi-storeyed buildings. The Assessing Officer contended that the assessee was liable to tax on the annual letting value of the properties as they were not transferred by registered sale deeds. However, the CIT(A) deleted the income from these properties based on previous tribunal decisions. The Tribunal upheld the CIT(A)'s decision, citing consistency with earlier rulings.

2. The second issue concerns the computation of disallowance under s. 37(3A) of the IT Act for various amounts. The AO included these amounts for disallowance, but the CIT(A) excluded them based on her previous order for the same assessee. The Tribunal upheld the CIT(A)'s decision, noting consistency with earlier rulings.

3. The third issue involves the addition made under s. 37(4) of the IT Act for guest house expenses. The AO added a certain amount as guest house expenses, but the CIT(A) held that the accommodation provided was not in the nature of guest house accommodation. The Tribunal upheld the CIT(A)'s decision based on previous rulings.

4. The fourth issue relates to the disallowance of depreciation on imported jeeps. The AO disallowed depreciation, but the CIT(A) deleted the disallowance for vehicles other than cars. The Tribunal upheld the CIT(A)'s decision, emphasizing consistency with past practices and previous rulings.

5. The final issue concerns the disallowance of depreciation on 'Caravans'. The CIT(A) allowed depreciation based on the nature of the construction of temporary sheds, which was consistent with the previous year's decision. The Tribunal upheld the CIT(A)'s decision, highlighting the acceptance of the depreciation system by the Revenue in the preceding year.

In conclusion, the appeal of the Revenue was dismissed by the Tribunal, upholding the decisions of the CIT(A) based on consistency with previous rulings and sound legal reasoning.