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2022 (7) TMI 58

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..... five occasions i.e. 10.02.2021, 18.08.2021, 14.10.2021, 16.12.2021 and 23.03.2022 when appeal was fixed for hearing, none appeared for the assessee, despite multiple hearing notices being issued to the assessee through registered/speed post. In fact, proceedings of the bench on 16th December 2021 and 23.032022 were uploaded in the official website. Thus, in our view, assessee had sufficient notice of the dates fixed for hearing of the appeal. However, assessee has not cared to appear on any of the dates the appeal was fixed for hearing. The aforesaid facts reveal complete lack of interest of the assessee in pursuing the present appeal. Since, sufficient opportunity of hearing has already been granted to assessee, in our view, assessee deser .....

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..... 115 as on 31.03.2010. 6. In course of assessment proceedings, assessing officer noticed that assessee has debited legal and professional charge of Rs.26,13,880. Alleging that assessee could not furnish details of Rs.15,000 out of such expenditure, assessing officer disallowed the same. Further, assessing officer observed, as per the ledger account, an amount of Rs.6,05,470 is paid to a party, namely. Arts scan for building, design and interior. Being of the view that such expenditure is by nature capital expenditure, assessing officer disallowed the same. 7. Proceeding further, assessing officer noticed that assessee has claimed an amount of Rs.1,58,800 towards repair and maintenance of vehicle. On further scrutiny, assessing officer foun .....

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..... assessee must be granted benefit of depreciation in accordance with law. 11. The final issue relates to disallowance of Rs.1,58,800 under Section 40A(3) of the Act. It is the allegation of the departmental authorities that cash payment made by assessee exceeds the threshhold limit of Rs.20,000 per day as per section 40A(3) of the Act. 12. Before learned Commissioner (Appeals), assessee had claimed that the expenditures are in the nature of reimbursement of petrol expenses incurred by the employees and have been made against various bills. Assessee had claimed that no single bill is more than Rs.20,000. However, assessee has not furnished any documentary evidence to back its claim. 13. In view of the aforesaid, we do not find any valid r .....

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