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2013 (8) TMI 1168 - AT - Income Tax

Issues involved: Appeal against common order of CIT (Appeals) regarding disallowance of expenses u/s 153A r.w.s. 143(3) for multiple assessment years.

Summary:
The Revenue's appeals were directed against a common order of the Commissioner of Income Tax (Appeals) I, Chennai relevant to the assessment years 2001-02, 02-03, 03-04, 04-05, 05-06, and 07-08. The Assessing Officer had observed that the assessee, a producer of feature films and Secretary of the Youth wing of DMDK, had debited expenses in the income and expenditure account without producing supporting evidence. An estimated disallowance of 5% of expenditure was made for each of the mentioned assessment years. The assessee appealed before the CIT(Appeals) and submitted vouchers, contending that the disallowance was on the higher side. The CIT(Appeals) found that some vouchers were self-vouched and reduced the disallowance to 2.5% of expenditure for those vouchers.

The Revenue, aggrieved by the CIT(Appeals) order, preferred an appeal before the Tribunal. The Revenue argued that the assessee failed to furnish evidence before the Assessing Officer, justifying the 5% disallowance. Despite no representation from the assessee, the Tribunal considered the submissions made before the CIT(Appeals) and upheld the decision to reduce the disallowance to 2.5% based on the self-vouched vouchers. The Tribunal found no reason to interfere with the CIT(Appeals) order and dismissed the Revenue's grounds for all the mentioned assessment years.

In conclusion, all the appeals filed by the Revenue were dismissed by the Tribunal, upholding the CIT(Appeals) order.

 

 

 

 

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