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1 - 10 of 21 (0.27 seconds)Section 194C in The Income Tax Act, 1961 [Entire Act]
Section 194J in The Income Tax Act, 1961 [Entire Act]
Section 24 in The Income Tax Act, 1961 [Entire Act]
Surjeet Singh Chhabra vs Union Of India & Ors on 25 October, 1996
7.6 The AO relied on judicial precedents to hold that a statement
recorded under section 132(4) of the Act carries high evidentiary value.
Referring to the decision of Hon'ble Supreme Court in case of Surjeet
Singh Chhabra v. Union of India reported in AIR 1997 SC 2560 held that
the statement given voluntary cannot be retracted. Further there was no
material brought on record suggesting the statement was given under
mistaken belief of facts or law.
P.R. Metrani vs Commissioner Of Income Tax, Bangalore on 15 November, 2006
7.7 Furthermore, the AO referred the judgment of Hon'ble P.R.
Metrani v. CIT reported in [206] 287 ITR 209 where it was held that
statements made under oath during search proceedings can be relied
upon for making additions.
Avadh Kishore Das vs Ram Gopal And Ors. on 15 December, 1978
Relying on the judgment of Hon'ble Supreme
Court in the case of Awadh Kishore Dass vs. Ram Gopal reported in AIR
1979 SC 861, the AO held that the statements are not conclusive but
shift the burden of proof on the person who makes them.
Commissioner Of Income-Tax vs Chitram And Co. Pvt. Ltd. on 5 December, 1990
ITA No.705 - 711/Bang/2025
Page 9 of 36
9.4 The learned CIT(A) also emphasized that personal preferences or
lifestyle choices of an assessee, even if aligned with his reputation as a
successful developer, do not justify depreciation under the law.
Depreciation is available only for assets used in the business and not for
personal enjoyment. The fact that the cars were included in the fixed
assets schedule in earlier years or that depreciation had been claimed in
the returns did not automatically validate the claim. If cars were used
mainly for personal purposes, the depreciation claim could not be
allowed irrespective of their inclusion in the books.
9.5 The learned CIT(A) therefore concluded that the assessee's
submissions were speculative and based on indirect claims linking cars to
business purposes. No clear evidence had been brought on record to
establish that the cars were actually used in business operations such as
site visits, client meetings, or other revenue-generating activities.
Accordingly, the depreciation claim was disallowed.
9.6 In support of this conclusion, the ld. CIT(A) relied on judicial
precedent. He referred to the judgment of the Hon'ble Madras High
Court in CIT v. Chitram & Co. (P) Ltd. [1991] 55 Taxman 70, where it
was held that in cases where cars are used partly for business and partly
for non-business purposes, full depreciation cannot be allowed under
section 38(2) of the Act.
Harjeev Aggarwal vs Joint Cit on 23 June, 2003
• R.J. Corp. Ltd. v. CIT (147 Taxmann 61)
• Oxygen Business Park (P) Ltd. v. PCIT (157 Taxmann 175)
• Harjeev Aggarwal v. CIT (Delhi HC, 241 Taxman 199)
• Naresh Kumar Agarwal v. CIT (Andhra Pradesh HC, 53
Taxmann.com 306)
.
West Bengal Housing Infrastructure ... vs Pcit-5, Kolkata on 5 April, 2023
ITA No.705 - 711/Bang/2025
Page 14 of 36
• Ramachandra Setty & Sons v. ITO (163 Taxmann 666)
• Best Infrastructure (India) Pvt. Ltd. v. PCIT (84 Taxmann.com