2004 (11) TMI 616

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..... nd in the circumstances of the case the Commissioner (Appeals) has erred in deleting the addition of Rs. 10,93,465 out of a total disallowance of Rs. 17,00,252 on account of depreciation claimed despite the fact that the assessing officer had established through detailed investigation that the transaction involving transfer of assets (on which depreciation was claimed) between the holding company .....

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..... usion which is the result of suspicion cannot take place of proof. Keeping this principle in mind as well as the entire facts and circumstances, no error is found in the conclusion arrived at by the learned Commissioner (Appeals) for allowing depreciation for use of machinery at Rs. 10,93,465 for use of machinery owned by it for a period of less than 182 days. There being no substance in the groun .....

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