2013 (11) TMI 905

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..... sp;      2. The learned CIT (Appeals) has not properly gone through the entire evidence presented before him and has wrongly concluded that these expenses are capital in nature.          3. In the alternate and without prejudice to the above, the learned CIT (Appeals) has erred in not allowing depreciation of Rs.57,798/- on the said expenditure of Rs.1,92,660/- treated by him as capital expenditure.          4. The Learned ITO has erroneously presumed that TDS has not been deducted on the amount of Rs.1,66,360/- whereas TDS had been deducted on an amount of Rs.1,06,470/- leaving out Rs.59890/-, and the same has been disallowed by the a .....

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..... ying their mind have again repeated the disallowance. He submitted that so far as it relates to consultancy charges for Provident Fund, RTO work and trailer certification, all these payments were less than Rs.20,000/-, hence, did not require deduction of tax. For professional charges of RTO Work given to Mr. Deepak Jagnade he submitted that TDS has been charged on the payment of Rs.1,06,470/-. However, on rest of the amount of Rs.59,890/- no TDS has been deducted and the said amount was added by the assessee in the computation of its income. He submitted that along with aforementioned chart copy of vouchers are also placed in the paper book from pages 2 to 41. Referring to those invoices he submitted that none of the payments made by the as .....

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..... made by him pertain to only services provided by him and those charges cannot be said to be relating to purchase of vehicles. Moreover, according to the submissions made by the assessee before Ld. CIT(A), the assessee had deducted tax on these payments on a sum of Rs.1,06,470/-. Rest of the amount of Rs.59,890/- was stated to be added to the income of the assessee in the computation of income for arriving at the income of Rs.2,18,953/-. We have also gone through the assessment order where the AO has started computation of income from Rs.2,18,953/-. Therefore, considering the entirety of facts and circumstances of the case, we are of the opinion that the expenditure claimed by the assessee at a sum of Rs.1,92,660/- does not pertains to capi .....

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