2018 (10) TMI 1107

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....mounting to total of Rs. 22,47,363/- and also further disallowed assessee's claim of depreciation amounting to Rs. 9,68,237/-. The Assessee filed appeal before the Ld. CIT(A), who, vide order dated 23.10.2015, confirmed the above disallowances, upholding the view of the Assessing Officer that the Assessee has not carried out business activities. The Ld. CIT(A) also rejected the assessee's alternate claim that the expenses were allowable U/s 57(iii) of I.T. Act. Aggrieved, the Assessee filed this present appeal before the Income Tax Appellate Tribunal (ITAT) with the following grounds of appeal:- "On the facts and in the circumstances of the case and in law, the Ld. CIT(A) was incorrect and unjustified in i. Confirming the ....

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....ation claimed was also allowed. There is no further appeal by the Revenue again this CIT(A) Order. iii. In the Assessment Order for the year 2014-15 the assessing officer allowed the depreciation as claimed as per the depreciation chart. The assessing officer also allowed the expenses as claimed in Profit and Loss account. Reference to the ITAT Order for the Assessment Year 2001-02 and 2002-03 have been made in the Order of the CIT(A) for the Assessment Year 2013-14. In these appeals the Hon'ble Tribunal held that income from vehicle charges was assessable for deduction on account of expenses as claimed in profit and loss account. Deprecation was also allowed. In the circumstances it is submitted that appeal of the assessee may....

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....ed the aforesaid ITAT order dated 29.08.2008 in deciding the assessee's appeal for this year i.e. for Assessment Year 2013-14. In view of these submissions, the Ld. Counsel for Assessee contended that the Assessee's appeal should be allowed, being squarely covered in favour of the assessee by aforesaid order dated 29.08.2008 of ITAT in assessee's own case. The Ld. Departmental Representative ("DR", for short) on whose request the hearing was adjourned to 03/10/2018 to enable him to peruse the written submissions and Paper Book filed by the Appellant; relied on the orders of the lower authorities namely aforesaid Assessment Order dated 16.01.2015 and aforesaid Order dated 23.10.2015 of Ld. CIT(A). However, the Ld. DR failed to distinguish th....