Assessing Officer disallowed depreciation claimed on ground that assets were not found to be in existence in a search conducted under section 132 in premises of said companies. On appeal the CIT (A) held that the assessee had discharged onus to prove genuineness of transaction by furnishing necessary documents viz., copies of sanction letter, lease agreements, invoices, inspection records on various dates and inspection reports pertaining to pre-search and post-search period in support of its claim and Assessing Officer did not rebut corroborative evidence filed by assessee. Tribunal up held the order of the CIT(A). On appeal by the revenue dismissing the appeal the Court held that since issue whether or not assets leased out by assessee to various companies were in existence at relevant time and whether transactions in question were genuine or not were a pure questions of fact, no question of law arose out of impugned order. (AY. 1999-2000)
CIT LTU v. Canara Bank (2021) 431 ITR 303 / 276 Taxman 392 (Karn.) HC)
S. 32 : Depreciation-Assets leased to three companies-Search- Assets were not found-Transaction genuine or not is a question of fact-Order of Tribunal allowing the depreciation is affirmed. [S. 132]