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TMI Blog2023 (12) TMI 1048X X X X Extracts X X X X X X X X Extracts X X X X ..... even before us, it can be safely concluded that the aircrafts were utilised for business purpose. Even if officers of the assessee i.e. directors have used the aircrafts for business meetings in different locations, it cannot be said to be a personal use. The assessee is a company and thus an artificial juristic person. Therefore, even if directors on some occasion have been allowed to use the aircrafts for their personal use, neither the expenses incurred in maintenance of the aircrafts nor the depreciation of the aircrafts can be disallowed, inasmuch as then, at the best, the value of use of the aircrafts on such occasion is perquisite in the hands of the user. On that account, neither depreciation nor maintenance can be disallowed, e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al also found that in own case of the respondent/assessee for the assessment year 2011-12, the issue was accepted by the revenue, pursuant to the directions of the DRP. The impugned order of the Tribunal on the point of lease rent cannot be said to suffer from any illegality. Hence, the substantial question of law no. (ii), is answered against the revenue and in favour of the assessee. - HON'BLE JUSTICE SURYA PRAKASH KESARWANI AND HON'BLE JUSTICE RAJARSHI BHARADWAJ Appearance: For the Appellant : Mr. Prithu Dudheria, Advocate. For the Respondent : Mr. Akhilesh Kr. Gupta, Advocate Mr. Sohan Sen, Advocate. 1. Heard Sri Prithu Dudheria, learned counsel for the appellant / Income Tax Department and Sri Akhil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said to be a personal use. The respondent/assessee is a company and thus an artificial juristic person. Therefore, even if directors on some occasion have been allowed to use the aircrafts for their personal use, neither the expenses incurred in maintenance of the aircrafts nor the depreciation of the aircrafts can be disallowed, inasmuch as then, at the best, the value of use of the aircrafts on such occasion is perquisite in the hands of the user. On that account, neither depreciation nor maintenance can be disallowed, even partially. The Tribunal has found that the aircrafts have been used for chartering business. Substantial receipts from chartering business has been shown by the assessee. Therefore, the view taken by the Tribunal in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the judgment dated 23rd July, 2018 passed in ITAT/53/2017 that the said question was not pressed by the revenue and consequently rejected. Therefore, the substantial question of law no. 1 raised before us stands rejected. 8. Thus, since the revenue/appellant themselves have conceded on the question of admissibility of the maintenance expenses and depreciation of the aircrafts, in full, in the matter of the present assessee in other assessment years, therefore, the revenue cannot be allowed to take a contrary stand in the present appeal. Therefore, for this reason also, the afore-quoted substantial question of law is answered in the manner as afore-stated i.e. against the revenue and in favour of the assessee. 9. So far as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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