ACIT v. Claridges Hotels Pvt. Ltd. (2021)86 ITR 402 (Delhi)(Trib)

S.32: Depreciation —Hotel business – Car parked at premises of managing Director – Depreciation cannot be disallowed – Gym equipment – Depreciation cannot be disallowed because it was used by managing director .

Tribunal held that the cars were part of the fixed assets and were being used for the purpose of the hotel business of the assessee. The Assessing Officer had made the ad hoc disallowance without pin pointing any specific expenditure which was not for the purpose of business. Simply because the cars were parked for a temporary period at the premises of promoters, it did not mean they were used for non-business purpose. The ad hoc disallowance was not sustainable.  That the gym equipment had been bought by the company and appeared at the fixed assets in the balance-sheet of the assessee-company and had been acquired during the running of hotel business. Simply because it was being used by the managing director it could not be held to be for private use so as to warrant disallowance of depreciation. At the most the equipment could be added as perquisite in the hands of the director. ( AY.2011-12 to 2013-14)