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Commissioner of Income Tax, City Centre, Gwalior Versus Satyendra Singh Kushwah

2017 (5) TMI 790 - MADHYA PRADESH HIGH COURT

Demurrage and warfage - Held that:- ITAT correctly deleted the addition made by Assessing Officer holding that same was incurred by the assessee wholly or exclusively for the purpose of business. - Shortage deduction - ITAT has deleted the addition holding that deduction is not covered under the penalty, but the expenses has been occurred during ordinary course of business. - Addition of unloading charges - Held that:- ITAT has deleted the addition stating that vouchers are self-contai .....

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d on the vehicle kept for the business cannot be said to involve personal element. - Addition of disallowances under section 40 (a) (ia) - TDS not deducted by the assessee under section 194 (I) - Held that:- 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 provided under section 194 (I) of the Act. Section 194 (I) of the Act provid .....

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indings of ITAT is based on due appreciation of documents and material available on record which cannot be found fault with. - ITA No. 01/2017 - Dated:- 8-5-2017 - Sheel Nagu And S. A. Dharmadhikari, JJ. For Appellant : D.P.S. Bhadauria, Advocate For the Respondent : - JUDGMENT S. A. Dharmadhikari, J. Heard on the 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 .....

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from one destination to another. 4. The assessee has filed income tax return for the assessment year 2011-12 and declared total income as ₹ 21,81,760/-. During assessment, the Assessing Officer made assessment of an amount of ₹ 80,70,861/- on various heads and assessed the total income of assessee at ₹ 1,02,52,620/-. 5. The Assessing officer made the aforesaid additions on following grounds:- i) Addition of ₹ 39,53,500/- on account of demurrage and warfage expenses; ii) A .....

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al before the Commissioner of Income Tax (Appeals), Gwalior. The order of assessment was confirmed by the Commissioner of Income Tax (Appeals), Gwalior vide order dated 09/10/2013. 7. Being aggrieved, the assessee filed an appeal against the order dated 09/10/2013 passed by Commissioner of Income Tax (Appeals), Gwalior before the ITAT and the ITAT allowed the appeal by deleting the additions made by Assessing Officer vide impugned order dated 08/08/2016, hence, this appeal has been preferred bef .....

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see wholly or exclusively for the purpose of business. With regard to second issue i.e. shortage deduction, ITAT has deleted the addition holding that deduction is not covered under the penalty, but the expenses has been occurred during ordinary course of business. With regard to third issue i.e. addition of unloading charges, ITAT has deleted the addition stating that vouchers are self-contained, whereby, the vehicle trips have been entered and no further discrepancy has been pointed out by the .....

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