SAI CONSTRUCTION,RAIGAD vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - PANVEL, PANVEL

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ITA 1801/PUN/2018Status: DisposedITAT Pune02 November 2021AY 2009-104 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found no reason to interfere with the order of the CIT(Appeals). The disallowance of excess depreciation claimed by the assessee was confirmed as per the relevant Income Tax Rules.

What were the facts?

The assessee claimed depreciation at 30% on dumpers, while the allowable rate as per rules was 15%. The Assessing Officer disallowed the excess depreciation, and the CIT(Appeals) upheld this disallowance. The assessee did not appear before the CIT(Appeals) or the ITAT.

What were the issues?

Whether the assessee was entitled to claim depreciation at 30% on dumpers instead of the prescribed 15%. Whether the disallowance of excess depreciation was justified.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY

For Respondent: Shri M.G. Jasnani
Hearing: 02.11.2021Pronounced: 02.11.2021

आदेश की प्रधतधलधप अग्रेधषत / Copy of the Order forwarded to : अपीलाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The CIT(Appeals)-2, Pune. 4. The Pr. CIT-2, Thane. धवभागीय प्रधतधनधध, आयकर अपीलीय अधधकरण, “बी” बेंच, 5. पुणे / DR, ITAT, “B” Bench, Pune. गार्ा फ़ाइल / Guard File. 6. आदेशानुसार / BY ORDER, // True Copy // धनजी सधचव / Private Secretary आयकर अपीलीय अधधकरण, पुणे / ITAT, Pune.

Date 1 Draft dictated on 02.11.2021 Sr.PS/PS 2 Draft placed before author 02.11.2021 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order

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