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2012 (10) TMI 47 - ITAT MUMBAIDisallownace of expenses - depreciation, administrative expenses & donation - AY 2000-2001 - Held that:- In the absence of any documentary evidence on record, that the assessee used plant and machinery during the course of its trading activities no depreciation can be allowed - against assessee. Disallownace of expenses - AY 2001-02 - Held that:- Restore the issue to the file of CIT(A) to decide the claim of the assessee in respect of Rs.1,60,000 as the assessee furnished copy of FIR before the AO for theft on merits by a speaking order. However, in respect of balance amount of Rs.50,000 as sundry debtor the assessee failed to produce any documents at the time of remand proceedings and, accordingly, the AO could not verify the claim of the assessee. Hence, the claim of Rs.50,000 made by the assessee is rejected - partly in favour of assesseby way of remand. Claim of depreciation - Held that:- As there is no dispute to the fact that there was no claim of the assessee for depreciation before the authorities below and the said claim is raised by the assessee before the Tribunal for the first time. Considering the facts of the case and the fact that no details were filed before the authorities below to consider the claim of the assessee for depreciation, thus additional ground for claiming depreciation is not maintainable as claim of the assessee for depreciation depends on the factual details which the assessee failed to furnish not only in the return filed but also during the course of assessment proceedings - against assessee. Addition on account of cash in hand - AY 2003-04 - Held that:- Considering the fact that the said amount is appearing in the balance sheet which is duly audited, no justification to treat the said amount as undisclosed income of the assessee. Hence, the addition of Rs.5,09,555 is deleted by reversing the orders of authorities below - in favour of assessee. Disallowance of 50% of administrative expenses - Held that:- The claim can be disallowed if the assessee has not established that amount in question has been wholly and exclusively laid out for the purpose of business. Since in the present case assessee has not been able to furnish the requisite proof to establish that the expenses aggregating to Rs.13,28,150 which has been disallowed by authorities below, was incurred wholly and exclusively for the business purposes of the assessee - against assessee. Disallowance of commission expenses - Held that:- Assessee has not been able to establish whether any service was received to the assessee for the alleged payment of commission of Rs.20,02,250 to M/s. Gurudev Chemox Industries, Bangalore. Merely filing of said certificate at page 130 of PB does not establish that any service was received to the assessee - against assessee.
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