M/S ALLIANCE ENGINEERS AND CONSTRUCTION,FARIDABAD vs. ADDL. CIT, FARIDABAD
In the result, the first issue raised by the assessee is allowed for statistical purposes and the second issue is allowed
ITA 6180/DEL/2015[2011-12]Status: DisposedITAT Delhi15 Feb 2019AY 2011-12
Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year : 2011-12 Alliance Engineers & Vs. Addl.Cit, Construction, Range-1, 1645, Sector-29, Faridabad. Faridabad. Pan: Aakfa0810A (Appellant) (Respondent) Assessee By : Shri Kapil Goel, Advocate Revenue By : Shri Surender Pal, Sr. Dr Date Of Hearing : 07.02.2019 Date Of Pronouncement: 15.02.2019 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 13Th September, 2015 Of The Cit(A)-Faridabad, Relating To Assessment Year 2011-12. 2. The First Issue Raised By The Assessee In The Grounds Of Appeal Relates To The Order Of The Cit(A) In Sustaining The Addition Of Rs.25,04,347/- On Account Of Depreciation.
For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Shri Surender Pal, Sr. DR
Section 32(2)
…case of a partnership firm, once a partner has accepted that he has advanced certain sums to the firm, no addition in the hands of the firm can be made and investment can be examined in the hands of the partner u/s 69, etc.:- i) Punjab & Haryana High Court in 208 CTR 459, 224 ITR 180; ii) Madras High Court in Taj Browellers 291 ITR 232; iii) Hon'ble Supreme Court in Lovely Exports; and iv) Allahabad High Court in 141 ITR 706. 14. He accordingly submitted that addition, if any, can be made in the hands of the partner and not in the hands of the partnership firm. However, since the partner has sufficient means to e…
