9911796707
TMI Blog2020 (4) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 36,40,145/- being depreciation on office buildings considering the same attributable towards cost of land. 2. The authorities below have erred in not considering the contention of the assessee that in absence of segregation of the value of land, depreciation was being claimed on the basis of total cost paid to the India Habitat Centre. 3. The authorities below have erred in not considering the contention of the assessee that the land is also leasehold which is also subject to amortization and effectively the total cost paid for the premises will be considered for allowance of depreciation. 4. The authorities below had erred in making/ sustaining illegal additions by applying completely distinguishable cases and ignoring the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28 (Bangalore)(URO) and copy of order dated 28.03.2019 of Co-ordinate Bench of ITAT, Delhi, in assessee's own case for Assessment Years 2010- 11 and 2011-12 in ITA Nos.- 536/Del/2014, 6888/Del/2014, 708/Del/2014 and 6799/Del/2014; were also filed from the assessee's side during appellate proceedings in ITAT. (D) At the time of hearing before us, the Ld. Authorized Representative ("Ld. AR", for short) for assessee submitted that the issue in dispute regarding assessee's claim of depreciation amounting to aforesaid Rs. 36,40,145/- is squarely covered in favour of the assessee by aforesaid order dated 28.03.2019 of Co-ordinate Bench of ITAT, Delhi, in assessee's own case. He further submitted that the matter is also covered in favour of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cost of land. 26. Ld. AR for the assessee contented that in the absence of any segregation of value of land, depreciation has been claimed on the basis of total cost paid to India Habitat Centre because land is also leasehold being subject to amortization and effectively the total cost paid for the premises will be considered For amount of depreciation. Ld. AR relied upon the decision rendered by the coordinate Bench of the Terminal in CIT vs. Rajesh Exports Ltd. (2006) 9 SOT 28 (Bang.) which has further than relied upon by the co-ordinate Bench of the Tribunal in ease of ITO vs Millennium Spire India Management (P) Ltd. ITA No.3297/Del/2013. 27. Operative part of the aforesaid decisions rendered by the coordinate Bench of the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X
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