1993 (6) TMI 118

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.... to the buyers. However, the property had not been transferred by means of registered sale deeds. The Assessing Officer (AO) was of the view that assessee was liable to tax in respect of the annual letting value of the properties as they continued to be the de jure owner of the property. 2. The CIT(A) followed his earlier orders for asst. yrs. 1983-84 and 1984-85 to delete the income from the aforementioned properties which was assessed at Rs. 1,05,59,160. 3. The view taken by the first appellate authority is in consonance with the decision of the Tribunal in assessee's own case for asst. yrs. 1976-77, 1981-82 in ITA Nos. 789 and 2002/Del/1984; ITA No. 288/Del/1984 for asst. yr. 1973-74, ITA No. 3724 and 3890/Del/1983 for asst. yr. 19....

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.... benefit of the transit accommodation as and when they were on duty atBaghdad. The said accommodation was found not to be in the form of holiday homes. For the asst. yr. 1984-85, the AO considering the maintenance expenses of the accommodation so provided as for guest house accommodation in view of the amendment made by Finance Act, 1983 by insertion of sub-s. (5) of s. 37. The CIT(A), on the facts and in the circumstances of this case held that the accommodation provided to the employees and executives of the assessee-company was not in the nature of a guest house accommodation. The Tribunal for the asst. yr. 1984-85 upheld the view taken by the CIT(A). For the year under appeal, the learned CIT(A) has followed her order for asst. yr. 1984....

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.... pointed out that the law has been amended w.e.f.1st April, 1992and depreciation in respect of even imported cars used in foreign branches has been excluded from the bar under s. 32(1)(ii). 8. We, on careful consideration of the rival contentions, are of the view that the Revenue having all along allowed depreciation in respect of the Jonga jeeps, pick-up vans, etc., there was no warrant for taking a different view in the year under appeal, at least, for the sake of consistency. We, therefore, see justification for the CIT(A) in having deleted the disallowance. It is also observed from the order of the Tribunal for the asst. yr. 1984-85 that the disallowance in respect of cars alone has been confirmed. We, therefore, decline to interfere....