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2017 (6) TMI 770 - AT - Income TaxAddition on account of difference/mismatch of the figures in the accounts of the assessee and the payee of the amount paid by the assessee to Architect Mr. Ajay Wade - Held that:- We have gone through the copy of the confirmations filed but we note that the same were not enough and sufficient evidence to prove the actual payment of the said amount by the assessee to Mr. Ajay Wade. However, considering the interest of justice, we restore this issue to the file of the AO to decide it afresh. The AO will verify the accounts of the assessee as well as of Mr. Ajay Wade and thereafter to decide the issue afresh in accordance with law. Ground Nos.3 & 4 are therefore treated as allowed for statistical purposes. Additional depreciation on wind mill - Held that:- “NTPC Ltd. vs. DCIT” [2012 (5) TMI 127 - ITAT DELHI] wherein held that the process of generation of electricity is akin to manufacture or production of article or thing and that an assessee engaged in the activity of generation of electricity would be entitled to additional depreciation under section 32(1). Disallowance made by the AO under section 80IB(10) - Held that:- A perusal of the above part of the impugned order reveals that the Ld. CIT(A) has allowed the claim of the assessee following the decision of the Tribunal in the own case of the assessee for A.Y. 2004-05, 2005-06 & 2006- 07. Since the issue is squarely covered by the decision of the Tribunal in the own case of the assessee and no differentiating fact has been brought into our knowledge for the year under consideration. Disallowance of bogus purchases - Held that:- CIT vs. Nikunj Enterprises (P.) Ltd.” (2013 (1) TMI 88 - BOMBAY HIGH COURT) wherein held the findings of the tribunal that where the assessee filed letters of confirmation of suppliers, copies of bank statement showing entries of payment through account payee cheques to suppliers and stock reconciliation statements, sale of purchased goods was not doubted, the transactions were supported with evidences and confirmations, in such an event merely because the suppliers have not appeared before the AO or the Ld. CIT(A), one can not conclude that the purchases were not genuine.
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