9911796707
TMI Blog2017 (5) TMI 790X X X X Extracts X X X X X X X X Extracts X X X X ..... question of admission. 2. This appeal is preferred by the appellant under section 260-A of Income Tax Act, 1961 (for brevity 'Act') against the order dated 08/08/2016 passed in I.T.A. No. 367/Agra/2013, whereby, Income Tax Appellate Tribunal, Bench Agra (for brevity 'ITAT') has reversed the findings of the Assessing Officer and the Commissioner of Income Tax (Appeals), Gwalior in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of shortage of deduction; iii) Addition of Rs. 5,08,706/- on account of unloading charges; iv) Addition of Rs. 1,24,911/- on account of vehicle, maintenance expenses i.e. depreciation of vehicles; and v) Addition of Rs. 10,53,717/- on account of disallowance under section 40(a) (ia) of the Act as TDS was not deducted by the assessee under section 194 (I) of the Act. 6. Being aggrieved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant that ITAT has failed to consider discrepancies noted by the Assessing Officer from the return of the assessee i.e. issue with regard to demurrage and warfage, ITAT deleted the addition made by Assessing Officer holding that same was incurred by the assessee wholly or exclusively for the purpose of business. With regard to second issue i.e. shortage deduction, ITAT has deleted the addition h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said to involve personal element. With regard to addition of disallowances under section 40 (a) (ia) of the Act, the TDS was not deducted by the assessee under section 194 (I) of the Act, ITAT has deleted the addition holding that in the present case how the provisions of Section 194 (I) of the Act has been made applicable since the trucks hired by the assessee is not anyone of the components as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s), Gwalior, it is seen that ITAT has allowed the appeal by deleting additions which is based on material available on record and has also assigned specific reasons for doing so in para 6 onwards in the impugned order. The findings of ITAT is based on due appreciation of documents and material available on record which cannot be found fault with. The learned counsel for the appellant is unable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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