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2017 (4) TMI 873 - ITAT MUMBAI

2017 (4) TMI 873 - ITAT MUMBAI - TMI - Disallowance of claim of depreciation - Held that:- FAA had no occasion to verify the correctness of the claim made by the assessee in absence of the said documents. Therefore,we are of the opinion that,in the interest of justice,matter should be restored back to the file of the FAA for fresh adjudication.He would decide the issue after affording a reasonable opportunity of hearing to the assessee and after considering the additional evidences produced befo .....

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xpenditure for the business. Therefore, in our opinion the order of the FAA does not suffer from any legal infirmity. Upholding the same, we decide ground of appeal against the assessee. - I.T.A./2011/Mum/2014 - Dated:- 12-4-2017 - Shri Rajendra,Accountant Member and Ram Lal Negi,Judicial Member For The Revenue : Shri Purshottam Kumar For The Assessee : S/Shri Paras Savla and Pratik Poddar Order u/s.254(1)of the Income- tax Act,1961(Act) PER RAJENDRA, AM Challenging the order dated 13.12.2013 of .....

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assessee has stated that a copy of invoices of fixed assets purchased during the year aggregating to ₹ 88.15 lakhs could not be produced before the First Appellate Authority (FAA), that the FAA had rejected the additional invoices of ₹ 49.60 lakhs submitted before him as additionall evidence, that the evidence would go to the root of the issue.Assessee has referred to the cases of Suhasini Goenka (216ITR518) and Satya Sethia(143ITR486) alongwith the application, the assessee has fur .....

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FAA) had enhanced the disallowance. The Departmental Representative(DR) stated that the issue of additional evidence could be decided on merits by the Bench. 2.2. After hearing the rival submissions,we are of the opinion that the additional evidences produced by the assessee(Pg.91-176)should be admitted as per Rule 29 of the ITAT Rules,as the documents are crucial to decide the issue before us.The assessee has shown a reasonable cause for not producing the same before the AO/FAA.Therefore,same a .....

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both the blocks.He directed the assessee to submit complete evidence in the shape of bills and vouchers to prove the genuineness of the additions made to the block of assets.In response to the show cause notice,the assessee expressed its difficulty to produce the details called for.It was contended that subsequent to the filing of return there was change in the management of the company, followed by change in employees handling the work. The AO further directed the assessee to submit the releva .....

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and made elaborate submissions. It submitted additional evidence before the FAA which included bank statement.The FAA sent the bank statement to the AO for examination and submitted a remand report. Vide his letter dated 17.9.2013, the AO submitted the report in that regard. He forwarded a copy of remand the report to the assessee and issued a show cause notice to it to explain as to why depreciation, amounting to ₹ 23.71 lakhs allowed by the AO, without verifying the bills and vouchers sh .....

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eness of the purchases of the assets in question, that the documentary evidences and details were not filed citing the reason of change of management, that the AO had wrongly allowed depreciation of ₹ 29,65,986/-, without verifying the bills/vouchers, that a notice of enhancement was issued to the assessee, that in response to the enhancement notice the assessee had argued that the AO had allowed depreciation of ₹ 15.45 lakhs in respect of fixed assets/additions of ₹ 80.56 lakh .....

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ad stated that AO had made disallowance of ₹ 15.45 lakhs in place of ₹ 23.71 lakhs as mentioned in the enhancement notice. He directed the AO to verify the figures and adopt the correct figures. 3.1. Before us,the AR stated that the additional evidences produced before the Tribunal were not considered by the revenue authorities,that the assessee had purchased the plant, machinery,furniture,that evidences could not be produced due to change in management. The DR supported the order of .....

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s.Ground no. is decided in favour of the assessee,in part. 4. Next ground of appeal is about further disallowance of ₹ 15.45 lakhs made by the FAA. In the earlier paragraph we have narrated the facts of disallowance made by him on account of depreciation. Following our order for the First ground of appeal, we restore the matter of claim about the depreciation to the file of FAA for fresh adjudication. Second ground is also decided in favour of the assessee, in part. 5. Last ground of appea .....

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; 2.23 lakhs out of the total expenditure incurred by it. The AO disallowed the remaining amount i.e. ₹ 93, 945/- and added that the same to the taxable income of the assessee. 5.1. During the appellate proceedings, before the FAA, the assessee argued that credit card expenses mentioned in the statement were towards reimbursements made to one of its employees for the purpose of carrying on its business, that it had requested the AO to provide the breakup of ₹ 93, 945/-and additional .....

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