2018 (5) TMI 438

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Respondent(s): Judgment / Order Per Hon'ble Mr. Justice Gopal Krishan Vyas In this appeal filed under Section 260A of the Income Tax Act, 1961, the judgment dated 4.1.2017 passed by the Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur in ITA No.372/Jodh/2016 for the assessment year 2009-10 is under challenged. As per facts of the case, the respondent assessee submitted his re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....A), who vide order dated 2.9.2016 dismissed the appeal of the assess and confirmed the action of AO. Being aggrieved and dissatisfied with the order dated 2.9.2016 passed by the CIT (A) the assessee filed an appeal No.372/Jodh/2016 before the learned ITAT. The learned ITAT vide order dated 4.1.2017 allowed the appeal of the assessee and quashed the order passed under Section 154 of the Act of 1....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... as it is evident from the ledger account submitted that transport outward and inward have been maintained commonly and net balance of Rs. 4,48,172/- has been shown in profit and loss account as an expense. In view of the above, the assessee is justified in charging the depreciation as claimed because no mistake has been pointed out by the AO himself and as per Section 154(2) of the Act the income....