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of <h1>ITAT Upholds CIT(A) Decisions on Prior Period Expenses, Forex Loss, Depreciation (A)</h1> <h3>ASST CIT CC 47, Mumbai Versus M/s. Ruby Mills Ltd. and Vice-Versa</h3> ASST CIT CC 47, Mumbai Versus M/s. Ruby Mills Ltd. and Vice-Versa - TMI Issues:1. Disallowance of prior period expenses2. Disallowance of forex derivative loss3. Claim of depreciation on energy efficient devices4. Claim of depreciation on rented out buildings5. Allowability of interest pertaining to capital WIP6. Disallowance of repairs to building expensesIssue 1: Disallowance of prior period expensesThe Assessing Officer (AO) disallowed prior period expenses, but the Commissioner (Appeals) allowed them based on the accrual principle. The ITAT upheld the decision citing relevant case laws, emphasizing that if the liability accrued during the year, the expenses should be allowed. The appeal filed by the revenue was dismissed.Issue 2: Disallowance of forex derivative lossThe AO disallowed forex derivative loss as notional losses, following CBDT instructions. The CIT(A) directed the AO to obtain details from the assessee for verification. As the CIT(A) set aside the issue for further examination, the appeal by the revenue was dismissed.Issue 3: Claim of depreciation on energy efficient devicesThe AO disallowed a portion of the depreciation claimed by the assessee on energy efficient devices. However, the CIT(A) upheld the claim after examining relevant certificates. The ITAT affirmed the CIT(A)'s decision, dismissing the revenue's appeal.Issue 4: Claim of depreciation on rented out buildingsThe AO disallowed part of the depreciation claimed by the assessee on rented out buildings due to lack of details. The CIT(A) directed the AO to verify the accounts before disallowing the claim. The ITAT upheld the CIT(A)'s decision, dismissing the revenue's appeal.Issue 5: Allowability of interest pertaining to capital WIPThe AO disallowed a portion of interest paid by the assessee related to capital WIP. The CIT(A) directed the AO to verify the capitalization of interest before disallowing it. The ITAT upheld the CIT(A)'s decision, dismissing the revenue's appeal.Issue 6: Disallowance of repairs to building expensesThe AO disallowed a portion of the repair expenses claimed by the assessee for building repairs. The CIT(A) upheld the disallowance due to lack of evidence supporting the claim. The ITAT affirmed the CIT(A)'s decision, dismissing the assessee's appeal.In conclusion, the ITAT dismissed the appeals filed by both the revenue and the assessee, upholding the decisions made by the CIT(A) on various issues related to prior period expenses, forex derivative loss, depreciation claims, interest on capital WIP, and building repair expenses.
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