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ITAT upheld disallowance as assessee had not proved commercial use of car
ITAT upheld disallowance as assessee had not proved commercial use of car
Assessee’s case was picked up for scrutiny assessment. AO made disallowance of depreciation on car claimed by assessee at a higher rate. CIT(A) dismissed assessee’s appeal. ITAT upheld CIT(A)’s order as assessee had not placed any material on record justifying that the car was used for commercial purposes and was registered with the Motor Vehicle Authority as a commercial vehicle.-501674
1. Assessee’s case was picked up for scrutiny assessment and assessment u/s 143(3) (of Income Tax Act, 1961) was framed.
2. AO made disallowance of depreciation on car claimed by the assessee at a higher rate.
3. CIT(A) dismissed the assessee’s appeal.
On appeal, the ITAT held as under:
4. We do not see any reason to interfere into the order of the CIT(A) as the assessee has not placed any material on record justifying that the motor car was used for commercial purposes and was registered with the Motor Vehicle Authority as a commercial vehicle.
5. The reliance placed by the assessee on the circular issued by the CBDT, i.e., Circular No.10/2009 dated 19.01.2009, is not applicable on the facts of the present case.
Case Reference - Chandubhai Somabhai Patel & Company vs The Income Tax Officer.
IN THE INCOME TAX APPELLATE TRIBUNAL "D" BENCH, AHMEDABAD
BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND
SHRI KUL BHARAT, JUDICIAL MEMBER
ITA No. 1806/Ahd/2012
(Assessment Year: 2009-10)
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