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2015 (6) TMI 516 - ITAT AHMEDABAD

2015 (6) TMI 516 - ITAT AHMEDABAD - TMI - Unexplained expenditure u/s.69C - statement u/s.108 of the Customs Act was recorded, wherein about undervaluation resorted by the assessee in respect of 22 consignments - CIT(A) deleted addition - Held that:- The adjudication by the custom authority has not been done, therefore, the only basis to rely on the statement made before the DRI should not be the only ground for confirming the addition. Both the parties have agreed that the finding of the custom .....

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tatistical purposes.

Disallowance of freight and clearing and forwarding expenses u/s.40(a)(ia) - non-deduction of TDS - Held that:- Undisputedly, the ld.CIT(A) has not doubted the submission of the assessee that payment so made does not contain income/profit element. Despite that he proceeded to confirm the addition. Under the identical facts, in the AY 2007-08, however he restricted the disallowance to the extent of service charges paid to the CHA. Therefore, in the year under consi .....

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sed for manufacturing at any point of time in near future. The answer was negative, ld.counsel for the assessee could not place any material on record suggesting that the plant and machinery were used. Under these facts, we do not see any reason to interfere with the order of the ld.CIT(A), the same is hereby upheld. - Decided against assessee. - ITA NO.272/Ahd/2011,CO No.61/Ahd/11,ITA NO.273/Ahd/2011,CO No.62/Ahd/11 - Dated:- 5-6-2015 - Shri N.S. Saini and Shri Kul Bharat,JJ. For the Petitioner .....

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r and are being disposed of by way of this consolidated order for the sake of convenience. 2. First, we take up the Revenue s appeal in ITA No.272/Ahd/2011 for AY 2006-07. The Revenue has raised the following grounds of appeal:- [1] On the facts and circumstance of the case and in law, the Ld.CIT(A) has erred in deleting the addition made on account of unexplained expenditure of ₹ 39,37,338/- u/s.69C. [2] On the facts and in the circumstances of the case, the learned CIT(A) ought to have u .....

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n of ₹ 39,37,338/- on account of unexplained payments towards purchases, made addition of ₹ 5,59,273/- on account of non-deduction of tax and made addition of ₹ 1,06,269/- on account of disallowance of depreciation. Aggrieved by the said assessment order, the assessee filed an appeal before the ld.CIT(A), who after considering the submissions partly allowed the appeal. While partly allowing the appeal, the ld.CIT(A) deleted the addition of ₹ 39,37,338/- and confirmed the .....

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on. He submitted that during the proceedings before the Directorate of Revenue Intelligence (DRI), a statement u/s.108 of the Customs Act was recorded, wherein about undervaluation resorted by the assessee in respect of 22 consignments. 4.1. On the contrary, ld.counsel for the assessee submitted that the adjudication by the custom authority has not been done, therefore, the only basis to rely on the statement made before the DRI should not be the only ground for confirming the addition. He submi .....

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ation by the Custom Authority. In view of the submissions made by the respective representative of the parties, we hereby restore this issue to the file of the AO to decide the issue after the adjudication order is passed by the custom authority. The AO would also make enquiry whether the adjudication order has been passed. The assessee would cooperate in furnishing the requisite information and details thereof. Therefore, order of the ld.CTI(A) is hereby set aside and ground No.1 of Revenue s a .....

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uction of TDS. 2. That on the facts and in the circumstances of case, the Hon ble CIT(A) has erred in upholding disallowance of depreciation on plant and machinery of ₹ 1,06,269/-. 6.1. In respect of ground No.1, the ld.counsel for the assessee submitted that authorities below were not justified in fastening the liability of TDS, as admittedly the payments so made were not the income of the assessee. The payments were made merely as reimbursement, under these facts the ld.CIT(A) ought not .....

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ted the disallowance to the extent of service charges paid to the CHA. Therefore, in the year under consideration also, disallowance ought to have been restricted to service charge. The impugned disallowance is, therefore, restricted to the extent of service charges. The AO is hereby directed to recompute the disallowance in the light of above direction. Thus, ground No.1 of assessee s cross-objection is allowed for statistical purposes. 8. Ground No.2 of assessee s cross-objection is against co .....

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available on record and gone through the orders of the authorities below. Admittedly, the plant and machinery were not used in the year under consideration. During the course of hearing, a query was raised by the Bench, whether the plant and machinery was operated and used for manufacturing at any point of time in near future. The answer was negative, ld.counsel for the assessee could not place any material on record suggesting that the plant and machinery were used. Under these facts, we do not .....

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