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TMI Blog2015 (4) TMI 1226X X X X Extracts X X X X X X X X Extracts X X X X ..... f assessee. - ITA No.2002/PN/2013 - - - Dated:- 30-4-2015 - MS. SUSHMA CHOWLA, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER Appellant by : Shri Nikhil Pathak Respondent by : Shri Chandip Singh ORDER PER SUSHMA CHOWLA, JM: This appeal filed by the assessee is against the order of CIT(A)-2, Nashik dated 19.09.2013 relating to assessment year 2010-11 passed under section 143(3)(ii) of the Income-tax Act, 1961. 2. Though the assessee has raised several grounds of appeal but the Ld. Authorized Representative for the assessee pointed out that the issue raised in the present appeal is as per ground of appeal No.1, which reads as under :- 1. The learned CIT(A) erred in rejecting appellant s claim for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Agro Impex P. Ltd. vs. ITO in ITA No.956/PN/2009 relating to assessment year 2005-06 order dated 31.05.2011. 6. The assessee is in appeal against the order of the CIT(A). 7. The Ld. Authorized Representative for the assessee pointed out that the depreciation on motor cars was claimed by the assessee as the cost of the said cars was met by the assessee and the said cars appeared as assets in the Balance Sheet of the assessee company. Further, even the cost of repairs/running of the motor cars was met by the company itself and vehicles were being used for carrying on its business. The assessee explained that cars were purchased in the name of Director to save on state levies and taxes. The Ld. Authorized Representative for the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imed depreciation on vehicles which were registered in the name of one of its Directors. The cost of the said vehicles were admittedly borne by the assessee company out of its own funds and the said vehicles were reflected as assets of the assessee company in the list of fixed assets as on the end of the year. The expenditure of running and repairs of the said vehicles has been borne by the assessee company. The said vehicles were being used by the assessee company for its business, the explanation of the assessee for registering the same in the name of the Directors of the assessee company was that there was saving in the registration cost. But merely because the vehicles were registered in the name of the Directors of the assessee company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision of Pune Bench of the Tribunal in the case of Rohan Builders and Developers Pvt. Ltd. (supra) wherein it has been held that the depreciation was allowable to be assessee in respect of the motor cars purchased by it and used for the purpose of its business, though registered in the name of the Managing Director. In the present case, the assessee purchased the vehicles called Demo cars in the name of the Directors though ownership thereof did not lie with the assessee. The facts of the present case are in pari materia with those in the case of Rohan Builders and Developers Pvt. Ltd. (supra). So, respectfully following the said decision of the Tribunal, we do not find any infirmity in the order of the CIT(A) in allowing the claim of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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