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TMI Blog2015 (11) TMI 1125X X X X Extracts X X X X X X X X Extracts X X X X ..... paid for commencement of commercial production. 2) The ld.Commissioner of Income-tax(A)-XIV, Ahmedabad has erred in law and on facts in deleting the disallowance of Rs. 17632/- made by the Assessing Officer on account of Service Tax of DG Set, being Capital expenditure. 3) The ld.Commissioner of Income-tax(A)-XIV, Ahmedabad has erred in law and on facts in deleting the addition of Rs. 20989000/- made by the Assessing Officer on account of unexplained credits in respect of deposits shown from various customers. 4) The ld.Commissioner of Income-tax(A)-XIV, Ahmedabad erred in law and on facts in deleting the addition of Rs. 900000/- made by the Assessing Officer on account of unexplained credits in respect of share capital and share premium. 5) The ld.Commissioner of Income-tax(A)-XIV, Ahmedabad has erred in law and on facts in deleting the addition of Rs. 1158603/- made by the Assessing Officer on account of excess claim of expenditure of gas purchase from ONGC Ltd. 6) On the facts and in the circumstances of the case, the ld.CIT(A)-XIV, Ahmedabad ought to have upheld the order of the Assessing Officer. 7) It is therefore, prayed that the order of the Ld.CIT(A)-XIV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven finding on fact and he supported the order of the ld.CIT(A). He submitted that the AO was not justified in making the addition. 4. We have heard the rival submissions, perused the material available on record and gone through the orders of the authorities below. we find that the ld.CIT(A) has given finding on fact in para 4.2 of his order, which reads as under:- "4.2. I have carefully considered findings of the Assessing Officer, submissions of the appellant, remand report of A.O and appellant's rejoinder thereon. I am in full agreement with the submissions of the appellant's counsel that neither the Assessing Officer nor the authorized representative of the appellant who appeared in the assessment proceedings looked into the factual aspects. I have examined the relevant accounts of the appellant and find that second unit got commenced on 01.01.2006 as per the disclosure made in the audited accounts. The appellant has capitalized interest; bank charges and other expenses pertaining to second unit (incurred upto December, 2005) upto the date of commencement of commercial production and has allocated the same to respective asset accounts after capitalizing the same. Interest a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , ground No.2 of Revenue's appeal is dismissed. 7. Third ground of Revenue's appeal is against deletion of addition of Rs. 2,09,89,000/- made on account of unexplained credits in respect of deposits shown from various customers. The ld.Sr.DR supported the order of the AO and submitted that the ld.CIT(A) was not justified in deleting the disallowance. The ld.Sr.DR submitted that in support of the claim, the assessee had not submitted any evidence, therefore the AO was justified in deleting the addition. 7.1. On the contrary, the ld.counsel for the assessee submitted that the ld.CIT(A) had obtained contra accounts from the concerned parties and also obtained remand report from the AO. The ld.CIT(A) has given a finding on fact that which is not rebutted by the Revenue by placing any material on record. 8. We have heard the rival submissions, perused the material available on record and gone through the orders of the authorities below. We find that the ld.CIT(A) examined the issue in his order on the basis of material available on record, such as finding given on the assessment record, submission of the assessee and remand report of the AO. The ld.CIT(A) has given a finding on each ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial made available before him. He submitted that the ONGC Ltd. has reconciled the difference. 12. We have heard the rival submissions, perused the material available on record and gone through the orders of the authorities below. We find that the ld.CIT(A) has given a finding on fact that the ONGC had recovered transportation charges on supply of gas for which due payment was made by the assessee. This finding on fact is not controverted by the Revenue by placing any material on record, therefore we do not see any reason to interfere with the finding of the ld.CIT(A) on this issue, same is hereby upheld. Thus, ground No.5 of Revenue's appeal is rejected. 13. Ground Nos.6 & 7 are general in nature which require no independent adjudication. 14. In the result, Revenue's appeal in ITA No.2151/Ahd/2010 for AY 2006-07 is dismissed. 15. Now, we take up the assessee's appeal in ITA No.1848/Ahd/2010 for AY 2006-07, wherein following grounds have been taken by the assessee:- 1. The learned CIT(A) erred on facts and in law in confirming disallowance of Rs. 1,11,020/- on account of depreciation; interest and insurance in respect of motor car owned and accounted for in the books by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that no contra account was submitted. 18.1. On the contrary, ld.Sr.DR has supported the order of the ld.CIT(A). 19. We have heard the rival submissions, perused the material available on record and gone through the orders of the authorities below. We find that the ld.CIT(A) has given finding on fact that the assessee had not produced contra account of S.S.Enterprise, therefore he confirmed the addition. The contention of the ld.counsel for the assessee is that this should not be the ground for confirming the addition. 19.1. We have given our thoughtful consideration to the rival contentions. There is no dispute with regard to the proposition that the assessee is required to give supporting evidence. However, in the case in hand, the assessee has merely supplied the PAN, no confirmation or contra account were furnished. Therefore, Therefore, we do not see any reason to interfere with the finding of the ld.CIT(A) on this issue, same is hereby upheld. 19.2. In respect of Globe Trade Point, the ld.CIT(A) has given a finding that the assessee had disclosed address of the party, namely Globe Trade Point. With this party, the assessee had made credit sales of Rs. 1,13,218/- in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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