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of <h1>Appeal partially allowed with specific directions on AIR report discrepancies. Tribunal rulings on depreciation, disallowance.</h1> <h3>MAHINDRA INTERTRADE LTD Versus DEPUTY COMMISSIONER OF INCOME TAX.</h3> MAHINDRA INTERTRADE LTD Versus DEPUTY COMMISSIONER OF INCOME TAX. - TMI Issues Involved:1. Claim for depreciation on intangible assets.2. Disallowance under section 14A.3. Disallowance under section 40(a)(ia).4. Addition based on AIR Report discrepancies.Issue-wise Detailed Analysis:1. Claim for Depreciation on Intangible Assets:The appellant contended that the CIT(A) erred in not accepting the claim for depreciation amounting to Rs. 15,87,046 on intangible assets acquired in the earlier year. The Tribunal noted that this issue was covered against the assessee by the ITAT orders for AY 2006-07 and AY 2000-01. It was admitted that the issue had been decided unfavorably for the assessee in previous years. Consequently, the Tribunal dismissed Ground No. 1, following the precedent set by earlier decisions.2. Disallowance under Section 14A:The appellant argued that the CIT(A) erred in directing the AO to work out the disallowance under section 14A in line with the Bombay High Court's decision in the case of Godrej & Boyce Mfg. Co. Ltd., instead of deleting the disallowance based on the appellant's representation. The Tribunal observed that the CIT(A) had directed the AO to recompute the disallowance on a reasonable basis following the Bombay High Court decision. Since the AO was already instructed to follow the CIT(A)'s direction, the Tribunal saw no reason to interfere and dismissed Ground No. 2.3. Disallowance under Section 40(a)(ia):The appellant contended that the CIT(A) erred in confirming the disallowance of Rs. 63,54,156 under section 40(a)(ia), rejecting the contention that the provisions were not applicable. The issue arose from the assessee making provisions for various amounts without deducting TDS at the year-end. The Tribunal noted that the issue was covered in favor of the assessee by the ITAT order in AY 2006-07, which followed the decision in the case of Mahindra and Mahindra Ltd. The Tribunal held that the amounts in question did not attract TDS provisions and thus, there was no need for disallowance under section 40(a)(ia). Consequently, Ground No. 3 was allowed.4. Addition Based on AIR Report Discrepancies:The appellant contended that the CIT(A) erred in confirming the add-back of Rs. 89,230 based on discrepancies in the AIR Report, asserting that no such sum/income was assessable in its hands. The Tribunal examined the rival contentions and noted that the assessee had reconciled most of the amounts except the two in question. The Tribunal, agreeing with the principles laid down in the case of Shri S. Ganesh vs. ACIT, restored the issue to the AO to make inquiries with the concerned parties to verify whether the transactions pertained to the assessee. If the transactions did not pertain to the assessee, no addition should be made. The issue in Ground No. 4 was restored to the AO for further examination, and the ground was allowed for statistical purposes.Conclusion:The appeal was partly allowed, with specific directions for further examination by the AO on the AIR report discrepancies while dismissing the grounds related to depreciation on intangible assets and disallowance under section 14A, and allowing the ground related to disallowance under section 40(a)(ia).
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