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2023 (6) TMI 266 - ITAT MUMBAIDisallowance of expenses of diesel charges and loading unloading charges - as argued these expenses are properly supported by bills and vouchers and such expenses are allowed in earlier years - HELD THAT:- Assessee has made a statement before the lower authority that these expenses are incurred during the course of business and considering the nature of the business of the assessee, he could not substantiate the said expenses with supporting evidences. AO has disallowed the expenses from the first day of financial year to the date of survey for the reason that the expenses have been subsequently booked post the date of survey but the expenses for the rest of the year have been allowed by the AO. We re unable to appreciate the view taken by the Assessing Officer that no expenses / the expenses incurred from first day of financial year to the date of survey are bogus when the expenses of similar nature that are booked post the date of survey are genuine and allowable according. Assessee is doing regular business throughout the year and there cannot a situation where no expenses are incurred from the first of the financial year till the date of search - Thus expenses booked by the assessee upto the date of survey cannot be treated as bogus only for the reason that the same are accounted in the books of account subsequent to the date of search - delete the disallowances made by assessee - Decided in favour of the assessee.
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