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2 results for “depreciation”+ Section 394clear

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Key Topics

Section 41(1)2Addition to Income2

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-TINSUKIA, TINSUKIA vs. M/S. BROOKE BOND INDIA LIMITED, MUMBAI

In the result, appeal of the revenue and the cross-objection of the assessee are dismissed

ITA 99/GTY/2000[1993-94]Status: DisposedITAT Guwahati20 Dec 2022AY 1993-94

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble]

For Appellant: Smt. Harshita Jain on behalf of NituFor Respondent: Shri N.T. Sherpa, JCIT, D/R
Section 143(3)Section 250Section 80G

depreciation on guest house cannot be brought under the purview of section 37(4) as there are specific provisions for allowance of the same. The said items of expenditure are not governed by the provisions of section 37(1) which is pre-condition for applying section 37(4). Therefore, respectfully following the decisions cited above, it delete the disallowance

M/S. RAHMAN PROPERTIES LIMITED,GUWAHATI vs. JOINT COMMISSIONER OF INCOME TAX, RANGE-2, GUWAHATI

In the result, the appeal of the assesseeis allowed

ITA 241/GTY/2019[2005-06]Status: DisposedITAT Guwahati26 Aug 2025AY 2005-06

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm Joint Commissioner Of Income M/S Rahman Properties Limited Tax, Range-2, Guwahati C/O Hotel Dynasty, S.S. Road, 5Th Floor, Aaykar Bhavan, Lakhtokia, Guwahati-781001, Vs. Christian Basti, G.S. Road, Assam Guwahati-781005, Assam (Appellant) (Respondent) Pan No. Aaccr0023P Assessee By : Shri Akhilesh Shrivastava, Ar Revenue By : Shri Kausik Ray, Dr Date Of Hearing: 09.07.2025 Date Of Pronouncement: 26.08.2025

For Appellant: Shri Akhilesh Shrivastava, ARFor Respondent: Shri Kausik Ray, DR
Section 143(1)Section 41Section 41(1)

Section 41(1) of the Act were not applicable in the instant case as the same is applicable along only when the liabilities/ expenses which were written back were rooted to the profit and loss account and are of revenue nature alone. But the submission of the assessee did not find favour with the ld. CIT (A) and he dismissed