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Yogesh Shivajirao Patil Versus The Income Tax Officer, Ward 1, Jalna

Non-allowance of depreciation - Held that:- Assessee made an application for admission of additional evidence, under which it has summarized the details of fixed assets purchased during the year and has submitted the invoices traced by the assessee in respect of part of the assets. In respect of assets under the head ‘electric fittings’, the assessee has not placed any invoices. In respect of lorry purchased, copy of agreement is filed and in respect of machinery purchased, the assessee has file .....

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he same were not traceable. The additional evidence filed by the assessee in respect of various fixed assets is admitted. The Assessing Officer is directed to verify the evidences available with the assessee and allow depreciation on such assets, for which the assessee has filed the copy of invoices. - Addition made on account of hawala purchases - Held that:- The assessee was asked to establish the delivery of goods and furnish the evidences in this regard in order to prove its case of purc .....

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Anil Kumar Chaware ORDER PER SUSHMA CHOWLA, JM: This appeal filed by the assessee is against the order of CIT(A)-I, Aurangabad, dated 15.07.2016 relating to assessment year 2009-10 against order passed under section 143(3) r.w.s. 147 of the Income-tax Act, 1961 (in short the Act ). 2. The assessee has raised the following grounds of appeal:- 1. Under the facts and circumstances of the case the learned Commissioner of Income Tax Appeal-I, Aurangabad erred in confirming the Assessment Order passed .....

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of alleged inflated purchases. The addition is not well founded and deserves to be deleted. 3. The ground of appeal No.1 raised by the assessee is general in nature and hence, the same is dismissed. 4. The issue in ground of appeal No.2 raised by the assessee is against non-allowance of depreciation of ₹ 4,25,181/-. 5. Briefly, in the facts of the case, the assessee for the year under consideration had filed the return of income at ₹ 7,17,390/-. The said return of income was processe .....

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e the Assessing Officer in response to various notices issued and hence, show cause notice was issued as to why the assessment should not be completed under section 144 of the Act by making an addition of ₹ 5,05,908/-. The Assessing Officer referred to the investigation made by the Sales Tax Department in respect of hawala dealers. The assessee was specifically asked to produce purchase bills, evidence of transportation and circumstantial evidence and the formal lorry receipts, delivery ch .....

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d of correct income returned by the assessee at ₹ 2,92,210/-. The next issue raised by the assessee was against the addition on account of inflated purchases of ₹ 5,05,908/-. The assessee explained that it had filed the return of income declaring ₹ 2,92,210/- on 29.09.2009. The said return was processed under section 143(1) of the Act and the income was computed at ₹ 7,17,390/-. The difference in income was due to the disallowance of depreciation of ₹ 4,25,181/- cla .....

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erence. Further, the assessee had also purchased lorry of ₹ 4 lakhs and the assessee was asked to furnish the bills. The learned Authorized Representative for the assessee expressed his inability to furnish the purchase bills for various assets since the same were not traceable. The assessee also did not explain the mode of payment for purchasing the said assets. Only names of suppliers were furnished without giving their complete address. Accordingly, the CIT(A) rejected the claim of depr .....

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y, addition of ₹ 5,05,908/- was upheld by the CIT(A). 8. The assessee is in appeal against the order of CIT(A) on both the issues. 9. We have heard the rival contentions and perused the record. With regard to the issue of allowance of depreciation on assets purchased, the assessee made an application for admission of additional evidence, under which it has summarized the details of fixed assets purchased during the year and has submitted the invoices traced by the assessee in respect of pa .....

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the same and allow depreciation as per law. We find merit in the plea of assessee. The assessee had purchased the fixed assets during the instant assessment year, against which it could not produce the bills before the CIT(A) since the same were not traceable. However, now before us, the assessee by way of additional evidence, has furnished some details which are tabulated at page 58 of the Paper Book. The assessee has made a request for the admission of said additional evidence with a plea tha .....

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f agreement which is placed at page 71 of the Paper Book. However, the said document is in Marathi and is not invoice for the purchase of said vehicle. The assessee is directed to furnish complete details in respect of purchase of lorry before the Assessing Officer. The Assessing Officer shall look into the additional evidence and decide the issue in accordance with law, after affording reasonable opportunity of hearing. 10. Now, coming to the issue raised vide ground of appeal No.3, wherein the .....

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