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TMI Blog2012 (7) TMI 1132X X X X Extracts X X X X X X X X Extracts X X X X ..... der of the Commissioner of Income-tax (Appeals)-XIV, Ahmedabad dated 21.10.2009. 2. The only effective ground of the appeal Revenue reads as under: 1.1 That the ld.CIT(A) has erred ion confirming the disallowance of ₹ 50,260 being depreciation on car. 3. The learned counsel for the assessee submitted that the car was in the name of the director of the assessee-company and its c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel of the assessee. He referred to para 2.3 of the CIT(A) order in support of its argument that the assessee neither before the AO nor before the CIT(A) has submitted any evidence for the use of this vehicle for the purpose of business of the assessee-company. He submitted that the assessee has not produced log-book of the vehicle to prove business use of the vehicle by the assessee. He su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was purchased out of the funds of the assesseecompany and was shown as an asset in its balance sheet, the ownership of the vehicle continuous with the assessee-company, and therefore, it is entitled to deduction of depreciation, provided all the conditions of the section 32 for claim of the depreciation were satisfied in the case. In reply to a specific query from the Bench, the learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... siness purpose of the assessee, suitable disallowance could be made out of the vehicle running expenses. But so far as the claim of depreciation is concerned, since the ownership of the vehicle was with the assessee-company and the vehicle was put to use during the relevant period, the claim of depreciation on the vehicle was allowable to the assessee-company, and accordingly the disallowance of & ..... X X X X Extracts X X X X X X X X Extracts X X X X
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