MR MUKUND VALLABHDAS THAKKER ,MUMBAI vs. DYCIT. CC 4(2)(1), MUMBAI
In the result, the appeal of the assessee is allowed
ITA 5904/MUM/2025[2008-09]Status: DisposedITAT Mumbai28 Nov 2025AY 2008-09
Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2008-09 Mr. Mukund Vallabhdas Deputy Commissioner Of Thakker, Income Tax, Ground Floor, Vs. Central Circle-4(2)(1), Persian Apartments, Aayakar Bhavan, 434, Vp Road, M.K. Road, Andheri (W), Mumbai-400020. Mumbai-400058. Pan : Aaapt3952A (Appellant) (Respondent) For Assessee : Shri Rajiv Khandelwal (Virtually Appeared) For Revenue : Shri Anurag Tripathi Date Of Hearing : 26-11-2025 Date Of Pronouncement : 28-11-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Addl/Jcit(A)-1, Delhi, Dated 27-08-2025, Pertaining To Assessment Year (Ay) 2008-09, Wherein The Assessee Has Challenged The Sustenance Of Addition Of Rs. 9,73,306/- U/S. 2(22)(E) Of The Income Tax Act, 1961 („The Act‟).
For Appellant: Shri Rajiv KhandelwalFor Respondent: Shri Anurag Tripathi
Section 143(3)Section 2(22)(e)
…A.Y 2010- 11 in case of the company. In the earlier decision, he has followed the decision of the Coordinate Bench in case of Edwise Consultants (P) Ltd, which has in turn followed the decision of the Hon‟ble Gujarat High Court in case of Aravali Finlease Ltd 341 ITR 282 (Guj) wherein it was held that depreciation is allowable in hands of the company even if its registered in name of the Director provided the vehicle is used for the purpose of business of company and income derived there from was shown as income of the company. It was accordingly submitted that where there is no dispute that the motor car has bee…