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M/S. U.P.State Bridge Corporation ... vs Assessee on 30 April, 2015

1. The CIT(A) has erred in law and on facts in restricting the disallowance made out of temporary site accommodation expenses to Rs.5,34,01,092/- as against Rs.7,35,38,013/-made by the AO by allowing relief of Rs.2,01,36,921/-. The CIT(A) failed to appreciate that in the absence of any details the A.O, was justified in allowing depreciation at the general rate prescribed for buildings instead of allowing the entire expenditure as a deduction. The CIT(A) has allowed the assessee to write off 1/5th of the expenses claimed in this year, which is not permissible as per the Income Tax Act. The action of the A.O. is justified in view of the decision of Hon'ble Gawhati high Court in the case of CIT vs. Sibson Construction & Co. 221 ITR 468.
Income Tax Appellate Tribunal - Lucknow Cites 10 - Cited by 0 - Full Document
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