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2013 (4) TMI 63 - ITAT AMRITSARSharing of expenses - claim of expenditure on the basis of debit note - Addition on account of repair and maintenance expenses - Held that:- Accepting arguments of the assessee that premises of both the concerns are common at Jalandhar where machines of both the concerns have been installed. The expenses having been incurred by M/s. Holy Faith International Pvt. Ltd and small items like Nuts, bolts, Gear, Element, Patti, Bearings, Tools, Beeding and Grease etc. as mentioned hereinabove have been purchased by M/s. Holy Faith International Pvt. Ltd for which all the details are available. The expenses pertaining to the assessee out of the total bills which is fraction which pertains to the assessee were debited to the assessee by crediting to the expenses account by M/s. Holy Faith International Pvt. Ltd is not under dispute. The expenses have been claimed only at one place by the assessee is also not under dispute. Both the concerns are being taxed at highest slab is not under dispute & also assessee is having machinery which is part of the asset side of the balance sheet and, therefore, one cannot imagine that there will be not expenditure of machinery maintenance. Thus the debit note issued by M/s. Holy Faith International Pvt. Ltd has rightly been claimed by the assessee as an expenditure. The A.O. is directed to allow the same and accordingly the order of the ld. CIT(A) is reversed on the issue. Claim of TDS rejected - selection of assessment year - Held that:- There is no dispute to the fact that the same pertains to the assessment year 2003-04. The tax has been paid in the treasury of the Govt. and the credit for the same is required to be given to the assessee since the same does not pertain to the impugned assessment year and income has not been credited during the impugned year. Therefore, the CIT(A) has rightly decided that TDS claim cannot be allowed in this year. It is also claimed that TDS is allowed only in the year where the income has been credited. Therefore, the matter is set aside to the file of the AO who will allow the claim of TDS in the year in which the income has been credited and accordingly decide the issue. Thus, grounds No. 1 & 2 of the assessee are allowed and grounds No. 3 & 4 of the assessee are allowed for statistical purposes.
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