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2022 (2) TMI 168 - AT - Income TaxDisallowance on account of Bank Guarantee written off - as per revenue assessee could not prove its claim with the supporting evidences - HELD THAT:- As the appellant did not submit any documentary proof regarding the amount written off. Being a private limited enterprise, it is difficult to assume that an amount being a bank guarantee was not traceable by the appellant nor does has it have any documentary proof regarding the same. The appellant claims that it does not have any clue regarding the amount being capital or revenue in nature nor has any evidences regarding whether the amount was actually a part of the income in the earlier years. Thus, as the onus was on the appellant to prove the genuineness of the claim, the ground of appeal is dismissed as nothing was placed on record to prove that the amount regarding Bank Guarantee written off was actually part of the income in the current or earlier year(s) - Decided against assessee. Disallowance on account of depreciation - assessee could not prove the higher depreciation with material evidences even the facts as per audit report claimed depreciation - HELD THAT:- The assessee has not given any supporting evidences to substantiate its contention that the disallowance of depreciation was uncalled for when the closing WDV of Assessment Year 2012-13 has been taken as closing WDV of Assessment Year 2011-12. All other additions and adjustments for purchase and sales have been accepted, depreciation has been claimed as the figure had been wrongly taken from the computation of taxable income given erroneously as against the correct computation which was subsequently submitted and reason for difference in computation and return for income was taken for wrong depreciation. As find that the auditor has computed depreciation in the audit report. The assessee has not furnished any certificate from the Auditor as there was any error or mistake in his audit report. Therefore, in the absence of such certificate by the Tax Auditor, we do not see any reason to interfere in the findings of the authorities below, the same is hereby affirmed. - Decided against assessee.
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