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    <title>2019 (3) TMI 1909 - ITAT VISAKHAPATNAM</title>
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    <description>Liquidated damages under an incomplete contract were treated as deductible on accrual where the liability arose from binding contractual terms, the assessee followed the mercantile system, and the issue had already been settled in the assessee&#039;s favour; the revenue challenge failed. An addition for alleged excess rental income was unsustainable because reconciliation showed the difference had already been offered as business income, and no contrary material was produced. Depreciation on cars at the higher commercial vehicle rate could not be restricted in a later year absent fresh material, particularly where the vehicles had earlier been accepted as commercial vehicles and the term was read with the Motor Vehicles Act, 1988. The assessee&#039;s claims were sustained on all three issues.</description>
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      <description>Liquidated damages under an incomplete contract were treated as deductible on accrual where the liability arose from binding contractual terms, the assessee followed the mercantile system, and the issue had already been settled in the assessee&#039;s favour; the revenue challenge failed. An addition for alleged excess rental income was unsustainable because reconciliation showed the difference had already been offered as business income, and no contrary material was produced. Depreciation on cars at the higher commercial vehicle rate could not be restricted in a later year absent fresh material, particularly where the vehicles had earlier been accepted as commercial vehicles and the term was read with the Motor Vehicles Act, 1988. The assessee&#039;s claims were sustained on all three issues.</description>
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