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2012 (11) TMI 1278

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....essee has filed this appeal challenging the order of the Income Tax Appellate Tribunal( "ITAT" for short) dated 16.12011, raising the following questions for our consideration: A. Whether on facts and circumstances of the case and in law, the Tribunal has erred in law deleting the disallowance of Rs. 10,87,465/- being 50% of repairs and maintenance made by the Assessing Officer and confir....

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....nue and with his assistance and perused the papers. As far as Question A is concerned, expenses towards the repairs and maintenance were noticed to have gone up. Assessing Officer had directed the assessee to substantiate the claim . On having noted that, no major repair and maintenance work had been carried out except some painting after the flood in August, 2006, such claims was disallowed. C....

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.... of the assessee. Reasonings which led to the Tribunal in upholding the claim of the assessee are sound and moreover, no question of law having arisen, this requires no consideration. As far as Question B is concerned, disallowance of Rs. 21,40,512/- was made by the Assessing Officer u/s. 40A(3) of the Income Tax Act. This was confirmed by the CIT(Appeals) and aggrieved by the same, it was c....