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TMI Blog2012 (3) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... ade by the AO on account of disallowance of repair and maintenance expenses . 3. On the facts and circumstances of the case and in law, the CIT(A) has erred in deleting the addition of ₹ 18,09,618/- made by the AO on account of disallowance of depreciation on furniture, fixture and plant and machinery. 4. On the facts and circumstances of the case and in law, the CIT(A) has erred in deleting the addition of ₹ 23,14,444/- made by the AO on account of disallowance u/s 14A of the I.T. Act, read with Rule 8D of the I.T. Act. 2. Ground No. 1 is general. 3. Apropos Ground Nos. 2 3, the Department has contended that the ld. CIT(A) has erred in deleting the addition of ₹ 56,57,120/- on account of disallowa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een the parties/partners was to be paid by Remfry Sagar to the assessee. The assessee gave details of the total expenses of ₹ 1,22,41,728/-, which amount had been debited in the profit and loss account. The assessee s expenses were of ₹ 25,61,586/- and those concerning consultancy fee were of ₹ 96,80,142/-, including legal and professional and consultancy charges, remuneration and benefits, travelling (foreign as well as domestic travel), communication, electricity charges, vehicle expenses and repairs and maintenance of building let out and expenses on furniture and fixtures, repair on computers, electric items, etc., all the said items having been provided to Remfry Sagar by the assessee for use in the rented premise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no separate claim of repair and maintenance and depreciation by the assessee. The reimbursement and 25% mark up had already been offered by the assessee to tax. The reimbursements have been found on deductions claimed in the profit and loss account on account of repair and maintenance of building, furniture and depreciation claimed on computers, furniture and fixtures, vehicles and office equipment provided to Remfry Sagar for use. The AO was, as such, in error to hold that it was a case of double deduction. The ld. CIT(A) also took specific note of the fact that as per clause (6)(b) of the Rent Agreement, the reimbursement for repair and maintenance as well as electricity, power expenses, etc. had to be made to the assessee company. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been stated on behalf of the assessee that all the shares of the assessee are through this port-folio and there is no direct dealing. In the statement of assessable income, a copy whereof has been filed before us, the assessee has added expenditure on PMS considered separately 29,66,938 . It has also been stated that no separate claim in this regard has been made. 7. The ld. DR has contended that the matter be remitted to the file of the AO for ascertaining the expenditure. However, in view of the facts discussed in the preceding paragraphs, we do not find any necessity of sending back the matter to the AO, the assessee having itself made the disallowance in the computation of income, as above, and the findings of the ld. CIT(A), as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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