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of <h1>Tribunal allows appeal on disallowances under sec.36(1)(iii) and vehicle depreciation & interest</h1> <h3>Swagat Infrastructure Ltd. Versus Jt. Commissioner of Income-tax</h3> Swagat Infrastructure Ltd. Versus Jt. Commissioner of Income-tax - TMI Issues:1. Disallowance under sec.36(1)(iii)2. Disallowance of depreciation and interest on vehicles3. Disallowance under sec. 40(a)(ia)4. Disallowance under sec. 41(1) of the Act5. Charging of interest under sec. 234A and 234BIssue 1: Disallowance under sec.36(1)(iii)The appeal challenged the order of the Commissioner of Income-tax (Appeals) regarding disallowance under sec.36(1)(iii) for the assessment year 2009-10. The Assessing Officer had made disallowances, which were partly upheld by the CIT(A). The primary contention was the disallowance of a claim amounting to Rs.92,17,379. The appellant argued that the disallowance was unjustified as they had sufficient interest-free funds for the advances made. The appellant cited legal precedents to support their claim. The Tribunal found that the disallowance made by the authorities was not justified as the appellant had demonstrated the availability of interest-free funds for the advances. The disallowance was consequently deleted.Issue 2: Disallowance of depreciation and interest on vehiclesThe second ground of appeal concerned the disallowance of depreciation and interest on vehicles totaling Rs.6,47,061. The appellant contended that the vehicles were used for business purposes even though registered in the name of the Director. The Tribunal noted that the authorities had not considered the appellant's argument in light of legal precedent, specifically the interpretation of ownership in the context of depreciation claims. Following the legal interpretation provided by the Hon'ble Supreme Court, the Tribunal allowed the appeal and directed the Assessing Officer to delete the disallowance related to depreciation and interest on vehicles.Issue 3: Disallowance under sec. 40(a)(ia)The grounds related to disallowance under sec. 40(a)(ia) and sec. 41(1) were not pressed by the appellant and were dismissed. The Tribunal did not delve into these issues as they were not actively pursued during the proceedings.Issue 4: Charging of interest under sec. 234A and 234BThe final issue pertained to the charging of interest under sec. 234A and 234B of the Act. The Tribunal noted that this ground was considered consequential and did not require further adjudication. Therefore, no detailed analysis was provided on this issue.In conclusion, the Tribunal partially allowed the appeal of the assessee, primarily focusing on the disallowances under sec.36(1)(iii) and the disallowance of depreciation and interest on vehicles. The Tribunal emphasized the importance of considering legal precedents and interpretations in deciding on such matters, ultimately leading to the deletion of the disallowances in question.
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