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ADIT, Circle 1 (2) (International Tax) , New Delhi Versus Hyundai Engineering & Construction Co. Ltd.

2015 (10) TMI 1439 - ITAT DELHI

Disallowance of service charges for getting back the refund from Excise Department - CIT(A) allowed the claim - Held that:- The assessee has filed all the relevant documentary evidences before the A.O. as well as before the Ld. First Appellate Authority which has properly been appreciated by them and the addition in dispute has been rightly been deleted by the Ld. First Appellate Authority. No interference is called for in the well reasoned order passed by the Ld. First Appellate Authority, upho .....

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g the addition of ₹ 1,43,60,817/- and holding that freight expenses were allowable expenditure being revenue in nature in spite of the facts that these were mainly administrative expenses and the assessee had earned meager amount as other income from this project. 2. On the facts and circumstances of case, whether Ld.CIT(A) was correct in deleting the addition of ₹ 19,90,820/- and holding that these expenses were business expenditure in spite of the fact that the assessee failed to e .....

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ed view that no useful purpose would be served to issue notice again and again to the assessee at the address given in records. Therefore, I am deciding the issue in dispute ex parte qua the assessee, after hearing the Ld.Sr.D.R. 4. The Assessing Officer completed the assessment u/s 144C(3) of the Act on 25.2.2010 by making the various additions including the addition in dispute. 4.1. Aggrieved by the addition made by the A.O. the assessee filed appeal before the Ld. First Appellate Authority wh .....

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e in para no.6.1 and 6.2 pages 4 and 5 of the impugned order. For the sake of convenience the same is reproduced hereunder. 6.1 The appellant has submitted that the amount of ₹ 19,90,8201- has been paid to M/s Shyam Enterprises towards their service charges for getting back the refund from Excise Department. The appellant has furnished copy of debit note from M/s Shyam Enterprise in respect of these payments, copy of acknowledgement of Income-tax return of M/s Shyam Enterprises of A.Y. 200 .....

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