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2015 (9) TMI 1427 - AT - Income TaxReopening of assessment - disallowance of service charges payable on procurement of gunny bags - Held that:- Reopening on the basis of audit objection is as per law in the given facts and circumstances of the case and the learned CIT (Appeals) has very aptly analyzed the validity of notice under section 148 of the Act and we do not find any infirmity in the findings recorded by the learned CIT (Appeals). Therefore, we uphold the order of the learned CIT (Appeals) on this account. On the merits of the case bare submissions were made and no document or evidence to support the claim that the liability on account of purchase of gunny bags has actually crystallized in the year under consideration, was brought on record. Therefore, we are in agreement with the findings of the learned CIT (Appeals) that the said expenses are not allowable in the year under consideration. As regards the alternative contention of the learned counsel for the assessee that the expenses may be allowed in the year in which they arisen, we see that the learned CIT (Appeals) had directed the Assessing Officer to verify this aspect and give the assessee due relief - Decided against assessee
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