TMI Blog2011 (8) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... J. For Appellant : Mr.J.Naresh Kumar, Standing Counsel J U D G M E N T M.JAICHANDREN, J. This Tax Case (Appeal) has been filed by the Revenue as against the order of the Income Tax Appellate Tribunal dated 9.9.2003 n respect of the assessment year 1991-92. The substantial questions of law arising for the consideration of this Court are as follows: "1. Whether in the facts and circumstances of the case, the Tribunal was right in holding that the balance remaining in the "suspense fund" should also be allowed as an expenditure, when the amounts were only expended in the future years? 2. Whether in the facts and circumstances of the case, the Tribunal was right in holding that the outstanding balance does not repre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce to prove his stand, the amount, kept in the suspense account, was disallowed by the Assessing Officer, by his order, dated 29.03.1994. Aggrieved by the said order, the assessee had filed an appeal before the Commissioner of Income Tax (Appeals). Accepting the submissions of the assessee, the Commissioner of Income Tax (Appeals) had allowed the appeal, thereby, deleting the addition made by the Assessing Officer. Aggrieved by the same, the Revenue had filed an appeal before the Income Tax Appellate Tribunal. 4. On considering the claim made by the assessee, the Tribunal had held in favour of the assessee stating that total expenses shown by the assessee for the relevant previous year was a sum of Rs.2,40,92,426/-. The outstanding bala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "suspense account" and had been utilised by the assessee only for the purpose of meeting out certain contingent liabilities. As such, the Tribunal erred in accepting the claim of the assessee. 6. There is no representation on behalf of the assessee. After considering the submissions made by the learned standing counsel appearing for the Revenue and on a perusal of the records, it is seen that the assessee had not placed any evidence to substantiate his claim that the amount kept in the "suspense account" had been utilised during the previous years. No evidence has been placed before the authorities concerned to show that the expenditures had been incurred during the relevant assessment year to be shown in the "suspense account". Further ..... X X X X Extracts X X X X X X X X Extracts X X X X
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