TMI Blog2014 (1) TMI 1768X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee, apart from a debit note, which is not legible at all, could hardly furnish any material or evidence with regard to the rendering of the services, i.e., as was the case before the Revenue authorities. The ld. AR also conceded before us to no material being available with the assessee to establish the rendering of the relevant services, which though is rendered of no consequence in the facts of the case. - Expenses not allowed. - I.T.A. No. 8710/Mum/2010 - - - Dated:- 20-1-2014 - SHRI I. P. BANSAL, J.M. AND SHRI SANJAY ARORA, A.M. Appellant by : Shri P. J. Pardiwala Respondent by : Shri Ajeet Kumar Jain O R D E R Per Sanjay Arora, A. M.: This is an Appeal by the Assessee arising out of its assessment u/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (PB). The ld. Departmental Representative (DR), on the other hand, would rely on the orders of the A.O. as well as the Dispute Resolution Panel (DRP), stating them to be on the basis of law and the facts as discerned from the material on record. 3. We have heard the parties, and perused the material on record. We shall take up each of the issues in seriatim. 3.1 The findings by the tribunal for A.Y. 2004-05 (supra) qua the first issue appear at para 20 (pgs.8 9) of its order, clearly directing for the allowance of depreciation on the written down value (WDV) as being carried over; the depreciation on goodwill having been in fact allowed by the Revenue for A.Ys. 2000-01 and 2002-03, as also the subsequent years. In view of the foreg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the absence of the requisite details, and only alternatively, i.e., without prejudice, u/s. 40(a)(ia) (refer paras 8.1 and 8.2 of the assessment order). Even before us the assessee, apart from a debit note, which is not legible at all (PB pg.168), could hardly furnish any material or evidence with regard to the rendering of the services, i.e., as was the case before the Revenue authorities. The ld. AR also conceded before us to no material being available with the assessee to establish the rendering of the relevant services, which though is rendered of no consequence in the facts of the case. Under the circumstances, the assessee s grievance, as projected per its Ground No. 10, is wholly misconceived and unmaintainable. We decide accordingl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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