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2015 (6) TMI 486 - ITAT MUMBAIDisallowance of club expenditure - subscription / membership fees - Held that:- Perusing the order of the Tribunal in one of the assessment years 2005–06 of assessee's own case wherein the issue is covered in favour of the assessee by the decision of Otis Elevators Co. Ltd. (1991 (4) TMI 53 - BOMBAY High Court) which has been followed by the Tribunal in assessee’s own case for the earlier assessment years. - Decided in favour of the assessee. Disallowance of debts written off as irrecoverable in the accounts - Held that:- There is a need for examining the statement of the assessee’s write–off on the Profit & Loss account for verification by the Assessing Officer. It is also noticed that the decision of the Tribunal in Arrow Coated Products Ltd. (2012 (6) TMI 445 - ITAT MUMBAI ) was delivered subsequent time and the same was not available before the Revenue authorities at the relevant point of time. We, accordingly, remand this issue to the file of the Assessing Officer for verification - Decided in favour of assessee for statistical purposes. Addition on alleged unreconciled transactions - Held that:- AIR data amounting to ₹ 65,93,498, the assessee successfully reconciled to the extent of ₹ 52,93,803 that constitute 80% of the entire transaction. Regarding the balance of ₹ 12,99,690, the Assessing Officer did not provide the necessary details to enable the assessee to reconcile the same. It is a settled issue that merely non–reconciliation of the AIR data and does not lead to sustainable addition in the assessment. In our opinion, there is a need for remanding this issue to the file of the Assessing Officer. Consequently, we set aside the impugned order passed by the learned CIT(A) on this issue and restore the issue back to his file with a direction to furnish requisite specific information to the assessee calling for reconciliation. Normally, the AIR data is generic as well as general in nature. The Assessing Officer is required to first examine the specific of the transaction that require reconciliation - Decided in favour of assessee for statistical purposes.
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