9911796707
TMI Blog2018 (1) TMI 1706X X X X Extracts X X X X X X X X Extracts X X X X ..... may it fit deem to the restore this issue back to the file of the AO to verify the names of the employees to whom the premises have been allotted and in whose hands the perk has been offered. Reasonable opportunity of hearing shall be afforded to the assessee. The ground of appeal no. 4 raised by the assessee is thus allowed for statistical purposes Adhoc disallowance being 5% of various expenses debited to the Profit Loss A/c as not incurred wholly and exclusively for business purpose - HELD THAT:- While deciding the issue of ad hoc disallowance of 5% out of various expenses, the Tribunal did not interfere in the matter and upheld the disallowance. Following the order of the Tribunal For assessment year 2008 09 we uphold the disallo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing observations:- 7. Briefly stated the facts are, the Assessing Officer in course of assessment proceedings, while examining assessee s claim of depreciation noticed that depreciation of ₹ 9,49,005 was in relation to premise other than office. He also found that the assessee had paid society charges of ₹ 1,62,567. He further found that these deductions claimed were not allowed in the earlier assessment year. He, therefore, called upon the assessee to explain why the deduction claimed should not be disallowed. Though, the assessee objected to the proposed disallowance but the Assessing Officer rejecting the claim of the assessee, disallowed the deduction claimed. 8. The learned Commissioner (Appeals) also confirm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent year in the absence of any details. The assessee is in appeal against the such disallowance of depreciation on residential building, which is claimed to be being used by the employees of the assessee. Similar issue of claim of depreciation on the said asset arose in Assessment Year 2001-02 wherein the premises were allotted to one of the employee of the assessee firm and depreciation on the said asset was allowed by the AO vide order passed under section 143(3) of the Act, dated 19.02.2004, the said residential flat is as per assessee, still being used by the employees and the per quest on account of the said residential accommodation is added in the hands of the employees. The claim of the assessee was denied by the authorities belo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for want of supporting details and vouchers. Though the assessee challenged the disallowance before the learned Commissioner (Appeals), he also confirmed the disallowance. 14. Learned Counsel for both the parties agreed that the issue in dispute is decided against the assessee by the Tribunal in order passed for assessment year 2008 09. On a perusal of the order of the Tribunal referred to above, it is noticed that while deciding the issue of ad hoc disallowance of 5% out of various expenses, the Tribunal did not interfere in the matter and upheld the disallowance. Following the order of the Tribunal, we uphold the disallowance by dismissing the ground raised by the assessee. Consistent with the earlier decision of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
