ACIT AND ORS. Vs. RAM NARAYAN KALRA

JUDGEMENT

(1.) THESE are the appeals filed by the revenue directed against the order of the ld. CIT(A) -XXVIII, New Delhi dated 29.06.2012 for the Assessment Year 2008 -09.

(2.) FACT in brief: - -The assessee is a practicing doctor. The Assessing Officer passed an order u/s. 143(3) on 31.12.2010 determining the total income of the assessee as Rs. 3,95,20,506/ -, inter alia, disallowing claim of depreciation of Rs. 18,61,470/ - on certain medical equipments, disallowing interest on the grounds that interest bearing funds were diverted for non business purposes, and disallowing Conversion charges and regularization charges paid to Municipal Corporation of Delhi on the ground that these were capital expenses. Further web -site development charges claimed as revenue expenses was also disallowed. Certain other disallowances were also made. We are not concerned with those disallowance the present appeal. The assessee carried the matter in appeal. The first appellate authority granted part relief.

(3.) WHETHER on the facts and circumstances of the case, the ld. CIT(A) has erred in deleting the disallowances of claims of depreciations of Rs. 12,31,360/ - and Rs. 18,61,470/ - despite the facts that the alleged suppliers of medical equipments in their statement recorded in response to summons u/s. 131 turned out to be kabadis and denied to have supplied the medical equipments to the assessee. "