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TMI Blog2017 (10) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... eated in leased out premises cannot be considered as a capital expenditure so as to grant depreciation over a period of 5 years. The judgement relied by the ld.A.R is rightly considered by the CIT(A) on the issue. Accordingly, we are of the opinion that the assessee is entitled for 100% depreciation in respect of vinyl flooring, false ceiling, glass and wooden partitioning, electrical wiring, Net ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve heard the ld. DR. We find that there was sufficient cause for not filing the appeal within the stipulated time. Therefore, we condone the delay and admit the appeal. First we take the appeal in ITA No.2175/Mds./2014 3. The first issue raised by the Revenue in this appeal is the Ld.CIT(A) erred in deleting the addition made by the AO on account of depreciation claimed on temporary struc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od. Aggrieved with the order of ld. Assessing Officer, the assessee carried the appeal before the Ld.CIT(A). On appeal, Ld.CIT(A) directed the AO to allow the expenditure u/s.37 of the Act. Aggrieved, the Revenue is in appeal before us. 5. We have heard both the parties and perused the material on record. The main contention of the ld.D.R is that the contract is for 5 years entered into by Insp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and it is not a capital expenditure. Thus, the assessee is entitled for deduction as revenue expenditure. 5.2 In our opinion, there is a force in the argument of ld.A.R that the temporary structure created in leased out premises cannot be considered as a capital expenditure so as to grant depreciation over a period of 5 years. The judgement relied by the ld.A.R is rightly considered by the Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9/Mds./2016 7. The issue in this appeal is with regard to levy of penalty u/s.271(1)(c) of the Act on claiming depreciation at 100% in respect of temporary structure created at leased premises. Since we have confirmed the deletion of addition made by the Ld.CIT(A) on this count, the penalty order cannot be survived. Hence the deletion of penalty by the Ld.CIT(A) is confirmed. This appeal also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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