9911796707
TMI Blog1986 (9) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... his original income-tax return. The depreciation on car may be allowed in full as the car has been used for the purpose of running of business. 2. The assessee is an individual. He is a partner in M/s Gupta Construction Co. and M/s Gupta Builders. The accounting period of the assessee for the assessment year under appeal ended on 31st March, 1984. He purchased a car on 6th Jan., 1984 for Rs. 75 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see had withdrawn a sum of Rs. 10,000 on 19th Oct., 1983 from the books of M/s Gupta Construction Co. which was for maintenance and running expenses of the car. The AAC has observed that "I am in agreement with the views of the ITO that the withdrawal of Rs. 10,000 made on 19th Oct., 1983 could not be for the car which was purchased on 6th Jan., 1984". He further observed that there were no withdr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... car. He further urged that the AAC has not properly appreciated the facts of the case. He further submitted that depreciation was allowable under s. 67 of the Act and in support of this contention relied on the order of the Chandigarh Bench of the Tribunal dt. 30th April, 1982 in ITA No. 63 of 1982 in the case of Ram Murti Sood. The ld. D.R. on the other hand, has supported the orders of the autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring of the appeal. The claim of the assessee has, therefore, not been properly appreciated by the lower authorities. The claim of the assessee is that he withdrew Rs. 10,000 on 19th Oct., 1983 a part of which was utilised for the running of the car also. This submission has been rejected by the lower authorities summarily without looking into the magnitude of his household expenses. I have also l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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