TMI Blog2020 (10) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... . Order is being pronounced after 90 days of hearing - Taking note of the extraordinary situation in the light of the Covid-19 pandemic and lockdown, the period of lockdown days need to be excluded. For coming to such a conclusion, we rely upon the decision of JSW LIMITED AND (VICE-VERSA) [ 2020 (5) TMI 359 - ITAT MUMBAI] - ITA No.516/Kol/2019 - - - Dated:- 17-6-2020 - Shri S.S. Godara, JM And Dr. A.L. Saini, AM For the Appellant : Shri Subash Agarwal, Advocate For the Respondent : Shri Supriyo Paul, JCIT ORDER PER DR. A.L. SAINI, AM: The captioned appeal filed by the assessee, pertaining to assessment year 2015-16, is directed against the order passed by the Commissioner of Income Tax (Appeal)-2, Kolkata ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show cause letter is reproduced below:- In the financial year 2014-15, the assessee company has claimed depreciation of ₹ 43,07,373/-. In support of your claim, you have submitted the copies of purchase bills of the assets. On verification of purchase bills, it was noted that some of the purchase bills are not proper. Some of the bills were unsigned, unstamped, no payments details were mentioned, no proper details/nomenclatures of the Items were mentioned such as model no, Make of the company, year of make, some bills were casually hand written. Details of such purchase bills are as below: Computers (Full Years) Sl No. as per your submission Bill amount (Rs.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Unsigned and unstamped 125 5970 Unsigned and unstamped 128 162540 Unsigned and unstamped 138 2000 Repairing charges 142 1596 Unsigned and unstamped 150 13240 Unsigned and unstamped 151 3300 Not proper 152 31400 Not proper 153 8805 Unsigned and unstamped ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bill amount Remarks 1 274230 Not proper 2 9327 Not proper 3 208164 Not proper 4,91,721 Office Equipments (Full Year) Sl No. as per your submission Bill amount Remarks 1 249334 Not proper 2 6552 Not proper 2,55,887 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 87 15 per cent. 38,383 Office Eqpt Half Year 96,750 7.5 per cent. 7256 Furniture and Fixtures Full Year 1,24,622 10 per cent. 12,462 Total 14,33,621 As such, the above said purchase bills as submitted by the assessee are treated as not genuine and accordingly, depreciation amounting to ₹ 14,33,621/- as claimed on the above assets was disallowed by Assessing Officer. 4. Aggrieved by the order of Assessing Officer, the assessee carried the matter in appeal be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties and carefully gone through the submission put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the fact of the case including the findings of the ld CIT(A) and other materials available on record. We note that at the outset itself, the ld. Counsel for the assessee has fairly agreed with the Bench that out of ₹ 14,33,621/-, ₹ 1,00,000/- may be disallowed on account of miscellaneous deficiency or differences. The ld. D.R. for the revenue has also agreed with the bench that in order to cover the miscellaneous deficiencies a minimum of ₹ 1,00,000/- may be disallowed. Therefore out of ₹ 14,33,621/- we disallow ₹ 1,00,000/- and balance of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
