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2016 (10) TMI 806 - AT - Income TaxGenuineness of expenditure - expense of dismantling, loading, unloading and assembling charges for movement of the crawler crane - Held that:- The background is that the said crane so acquired by the assessee was owned by Janak Cranes and was installed at Maithan Power Project at Jharkhand on hire to Simplex Infrastructure Limited vide work order dated 22/25-05-2009. The assessee acquired the crane as on where basis from Janak Cranes along with work order for hiring by Simplex Infrastructure Limited at the same site/location and continued with the said crane on hire to Simplex Infrastructure Limited on same terms and condition at the same site. There is no evidence on record to prove that the cranes were de-assembled , transported and re-assembled i.e. demobilized and mobilized at Kolkatta as initially claimed by the assessee or at different location at the same site at Maithan Power Project at Jharkhand which was subsequently claimed by the assessee. The assessee is not coming out with the true and correct facts to reflect the true character of the said transaction and payment thereof and in our view prima facie it appears that this payment of ₹ 25,00,000/- is connected with the purchase of the crane but the assessee is not coming out with the true and correct facts - matter remanded back for re-determination of the issue on merits - Decided partly in favor of assessee.
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