2009 (3) TMI 628

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... llowed to the respondent-assessee under section 32 of the Income-tax Act, 1961. The Assessing Officer required the actual cost to be determined by the District Valuation Officer and on the basis thereof, allowed a deduction in the nature of depreciation to the respondent-assessee, depreciation on the expenses incurred by the respondent-assessee on the construction of its holiday resort could not h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... fficer and on the basis thereof, allowed a deduction in the nature of depreciation to the respondent-assessee. The aforesaid determination ren-dered by the Assessing Officer by his order dated March 29, 2006, was impugned by the respondent-assessee by preferring an appeal before the Commissioner of Income-tax (Appeals), Chandigarh. The Commissioner of Income-tax (Appeals) accepted the aforesaid ap .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rt, the Income-tax Appellate Tribunal remanded the matter back to the Assessing Officer so as to enable the respondent-assessee to lead evidence to establish the actual cost incurred. We find no infirmity in the aforesaid determination at the hands of the Income-tax Appellate Tribunal. Needless to mention that in case the respondent-assessee is not in an effective position to produce evidence .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X