1985 (5) TMI 108 - AT - Income Tax

Summary

Issues:
1. Allowability of depreciation on truck and trolley owned and used by the appellant for its business.
2. Disallowance of travelling miscellaneous expenses and repair expenses.

Analysis:
1. The primary issue in this case revolved around the allowability of depreciation on a truck and trolley owned and used by the appellant for its transport business. The appellant, through its counsel, argued that despite the truck being purchased in another individual's name due to financial assistance arrangements, an agreement clearly established the appellant as the actual owner of the vehicle. The counsel cited relevant case law to support the claim that depreciation should be allowed to the beneficial owner who is in possession and using the property for business purposes. The tribunal, after considering the arguments and materials presented, upheld the appellant's claim for depreciation on the truck and trolley, amounting to Rs. 64,090, based on the beneficial ownership and usage by the appellant.

2. The second issue pertained to the disallowance of Rs. 1,800 from travelling miscellaneous expenses and repair expenses claimed by the appellant. The appellant's counsel contended that the disallowance was unwarranted as certain expenses were not vouched due to the nature of petty repairs and miscellaneous expenses. On the other hand, the Departmental Representative argued that lack of proper documentation rendered the appellant ineligible for relief. After reviewing the evidence and arguments, the tribunal found the disallowance slightly excessive and granted relief of Rs. 800 to the appellant, restricting the disallowance to Rs. 1,000 only. Consequently, the tribunal partially allowed the appellant's appeal on this ground.

In conclusion, the Appellate Tribunal ITAT Jaipur ruled in favor of the appellant by allowing the depreciation claim on the truck and trolley and providing partial relief regarding the disallowed travelling miscellaneous and repair expenses. The judgment emphasized the concept of beneficial ownership and usage for depreciation claims and considered the totality of expenses in determining the extent of disallowance.