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TMI Blog2012 (12) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of the dyes/moulds which were discarded by the assessee and claimed as discarded/obsolete items on the revenue account. However, in the interest of justice and considering that in the earlier years on similar facts the Tribunal has restored the matter for fresh consideration, respectfully following the order of the Tribunal dated 29th February, 2012 for A.Y. 2006-07, restore the matter to CIT(A) with the direction to decide the issue afresh in accordance with law after considering the evidences as may be placed before him and also keeping in view his earlier order in assessee’s case for the preceding assessment year(s) - Therefore, the ground of appeal taken by assessee is allowed for statistical purposes. - I.T.A.No.1076/Del/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tails as regard the type of dyes/moulds, their number etc., their use and the amount incurred on those dyes/moulds were submitted. He has stated that once an assessee claims any expenditure/deduction in its return, the onus is on the assessee to substantiate its claim by submitting the relevant documents/evidences. He has stated that the assessee has himself shown moulds/dyes as fixed assets on which depreciation is being claimed to the tune of Rs.1,78,591/-. If the contention of the assessee is accepted that the moulds/dyes were non-reusable and become obsolete and needed to be discarded, the same should have been deducted from the head of moulds/dyes as fixed assets. It is clear from above that the loss on account of discarded moulds/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee proposes to place to justify the claim. However, the learned DR opposes the admission of additional evidence and submitted that the assessee has employed the practice capitalizing all the moulds as a block of assets and claimed depreciation thereon. Hence, the orders of the lower authorities be confirmed. 5. We have carefully considered the contentions of the learned representatives of the parties and have perused the orders of the authorities below as well as earlier orders of the Tribunal (supra) in the assessee s own case. We do agree that the assessee should have placed additional evidences at least before the learned CIT(A) even if the AO did not give opportunity to the assessee to place the copies of the bills and other ..... X X X X Extracts X X X X X X X X Extracts X X X X
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