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2013 (6) TMI 427 - AT - Income TaxPrior period expenses disallowed - Held that:- CIT(A) has examined the claim of the assessee in respect of each of the item of expenditure included under the head "Prior period expenditure" and accordingly taken a decision that it cannot be said that expenses got crystallized during the year in which the accounting error was corrected. No material was placed on record by assessee to contradict the clear findings given by CIT(A) - Against assessee. Assessment of "Undistributed Vethapalisa" amount - Held that:- The accounting treatment adopted by the assessee, the status of the settlement of accounts of the concerned subscriber, the terms and conditions regarding payment of Vethapalisa amount to the subscriber, particularly when there is a default in payment of instalment/instalments, any other terms and conditions relating to payment of Vethapalisa etc., were not brought on record. The taxability of Vethapalisa amount can be determined only upon examination of the various factors hence unable to agree with the view taken by CIT(A) that the annual accretion to Vethapalisa account would automatically become income of the assessee - restore the issue to the file of AO with the direction to examine the issue afresh. Disallowance made u/s 40(a)(ia) - delayed remittance of the tax deducted at source - Held that:- Though the CIT(A) did not adjudicate this issue, yet this issue requires fresh examination at the end of the AO in view of the subsequent amendments brought in sec. 40(a)(ia). Levy of interest u/s 234A - as per assessee return of income was filled on 28.11.2006 & as per AO it is 31.12.2006 - Held that:- Since the fact relating to the date of filing of return requires verification at the end of the AO,this issue is also remitted to file of AO for reconsideration.
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