2012 (6) TMI 854

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.... of expenditure on maintenance of transit house/Guest house on the plea that the expenditure was related to transit house and not to Guest House? (II) Whether the Tribunal was justified in holding that the expenditure on maintenance of Guest House/Transit House was business expenditure? (III) Whether the Tribunal was justified in giving direction to the Assessing Officer to consider the issue of allowing depreciation of sale off assets/surveyed off assets in the light of provisions of Section 43(6) and 50 of the Income tax Act? 3. As per the case, the learned Assessing Officer vide assessment order dated 28th March, 1995 allowed 5% of the total expenditure as deduction on account of expenditure incurred by the assessee ....

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....ed by the authorities for disallowing the expenditure claim of the assessee, which, according to the view of Income Tax Appellate Tribunal, was justified expenditure. 4. Aggrieved against the said order of Income Tax Appellate Tribunal, the Revenue has preferred this appeal under Section 260A of the Income Tax Act, 1961. 5. Learned counsel for the appellant submitted that the Income Tax Appellate Tribunal has gravely erred in law in allowing the claim of the assessee to the extent of 25% of the expenditure incurred on and over the Guest House. 6. We have considered the submissions of the learned counsel for the parties and perused the facts of the case. It appears from the questions formulated that some impression may have been car....