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2014 (6) TMI 144 - AT - Income TaxDisallowance of brokerage claim – Held that:- CIT(A) was rightly of the view that the onus in this regard is on the assessee to establish that the expenditure on payment of brokerage charges was wholly and exclusively incurred for the purposes of its business – the assessee has failed to discharge the onus, there was no justifiable reasons to interfere with the orders of CIT(A) confirming the disallowance made by AO on account of brokerage paid by assessee to Shri Ishwarchand Goel for both the years under consideration – Decided against Assessee. Disallowance of depreciation on building – Held that:- The onus was on the assessee to substantiate its claim for the expenditure incurred on the construction of additional building by producing the relevant documentary evidence such as bills, vouchers etc. - The statement of the assessee and indication in the relevant seized documents was not sufficient to establish that the amount was incurred by assessee on account of construction of additional factory building and that too to its existing building in MIDC, Dombivali. It is not a case where the statement or relevant seized documents are partly accepted and partly rejected by the authorities below as sought to be contended by the assessee – the statement and the relevant seized documents were not sufficient to establish the case of the assessee of having spent an amount for the construction of additional factory building and the claim of the assessee for depreciation on such additional building was disallowed - the assessee failed to substantiate the said claim by bringing any documentary evidence – there was no infirmity in the orders of authorities below in disallowing the assessee’s claim of depreciation – Decided against Assessee.
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