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TMI Blog2017 (1) TMI 953X X X X Extracts X X X X X X X X Extracts X X X X ..... rect the Assessing Officer to re-examine the details of these expenditure and exclude the item which has been disallowed twice. The disallowance to the extent of 10% or lower to that, excluding double on any of the items is being upheld and if there is any disallowance over and above 10% that would stand deleted. The ld. Assessing Officer may quantify the amounts after providing an opportunity of hearing to the assessee. - ITA No. 3245/Del/2015 - - - Dated:- 6-1-2017 - Shri Rajpal Yadav, Judicial Member Assessee By : Shri Sachin Kumar, CA Department By : Shri S.K. Jain, Sr.DR ORDER Per Rajpal Yadav, JM The assessee is in appeal before the Tribunal against the order of the CIT(A) dated 23rd March, 2015 passed for Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the assessee, he has sold this car to one Shri Jasvinder Singh, who was a broker, but, ultimately this car was purchased by Mr. Parmanand Vijay Kumar. Shri Jasvinder Singh has assigned his rights to Mr. Parmanand Vijay Kumar. The car was sold in August, 2010. The assessee has claimed depreciation on this car. This claim of depreciation was denied to the assessee by the Assessing Officer on the ground that a sum of ₹ 29 lac was received by the assessee in F.Y. 2007-08 itself. Only ₹ 60,000/- was received at the time of alleged actual transfer of the car. The ld. Assessing Officer assumed that for all practical purposes, the car was transferred by the assessee in FY 2007-08 and, therefore, he is not entitled for the depreciatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this section:- Depreciation. 32. (1) In respect of depreciation of- (i) buildings, machinery, plant or furniture, being tangible assets; (ii) know-how, patents, copyrights, trade marks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the 1st day of April, 1998, owned, wholly or partly, by the assessee and used for the purposes of the business or profession, the following deductions shall be allowed- (i) in the case of assets of an undertaking engaged in generation or generation and distribution of power, such percentage on the actual cost thereof to the assessee as may be prescribed; (ii) in the case of any block of assets, such per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formation asked under Right to Information Act 2005, (ID No. 10949). Sir, With reference to letter no. F.No.19(26)/ID No. 10949 /TPT /RTI/14/2814 dated 09/06/2014, of PlO (RTI), received in this office on 10/06/2014 on the subject cited above. The para-wise reply is furnished as under: Para 2 3 : The Vehicle No. DL4CAV 1260 was transferred in the name of Sh.Parmanand Vijay Kumar on dated 02/ 11/2010 as per the record held in this office. Rest of the information cannot be provided as it is exempted under Section 8 (j) of RTI Act, 2005. Copy for information to: Sd/- PlO/Motor Licensing Officer, West Zone-I, Janak Puri 1. PlO (RTI), Transport Department, 5/9, Under Hill Road, Delhi- 110054. Sd/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but, once ownership is not in doubt and depreciation was granted in earlier year, it cannot be denied in this year also. In view of the above discussion, I allow this fold of grievances and deleted the disallowances. 10. In the next fold of grievances, the assessee has pleaded that the ld. First appellate authority has upheld ad hoc disallowance out of various expenses. The assessee has filed written submissions and in the submissions the ld. Counsel for the assessee has tabulated the details of expenditure claimed by the assessee, disallowed by the Assessing Officer and also quantified the percentage of the disallowance to the total expenditure. For appreciating the controversy in a more scientific way, I would like to take note of thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the ground of use of the assessee 42,060 5,260 12.5% Telephone expenses on the ground of use of the assessee 39,80,658 12,000 9.49% 0.30% 11. With the assistance of the ld. Representatives, I have gone through the record carefully. In order to claim expenditure for the purpose of business, the onus lies upon the assessee to demonstrate that the expenditures were incurred wholly and exclusively for the purpose of business. The ld. Assessing Officer has made analysis of the details submitted by the assessee and arrived at a conclusion that some part of the e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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