Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, ‘C’ BENCH, BANGALORE
Before: SHRI VIJAY PAL RAO & SHRI INTURI RAMA RAOShri S.M.Arshad,
Per INTURI RAMA RAO, AM :
This is an appeal filed by the assessee directed against the order of the CIT(A)-VI, Bangalore, dated 16/08/2012 for the assessment year 2008-09.
2 The only ground of appeal raised by the assessee in this appeal is with regard to disallowance of depreciation claim. The Assessing Officer disallowed the claim for depreciation on the Page 2 of 3 ground that the assessee had not carried out any business activity during the previous year relevant to assessment year under consideration. The submission made before the AO was that there was only lull in the business activity of the assessee in Pizza corner and in fact, assets were used in the business of of Mohtisham Enterprises. The contentions of the assessee were not accepted by the AO as well as the CIT(A).
Before us, learned AR of the assessee reiterated the submissions made before the lower authorities.
We heard rival submissions and perused the material on record. There is no quarrel about proposition canvassed by the assessee that depreciation is allowable even in case where there is lull in the business activity of the assessee but there is no evidence brought on record in support of the contention that there was only lull in the business activity and the assets were used in some other business of the assessee. In absence of evidence, we are unable to appreciate the contention of the assessee and uphold the orders of the lower authorities. Grounds of appeal raised by the assessee are dismissed.
Page 3 of 3 5. In the result, appeal filed by the assessee is dismissed.