9911796707
TMI Blog2014 (2) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue – there was no infirmity in the impugned order of the CIT(A) – Decided in favour of Revenue. - ITA No. 1331/Hyd/13 - - - Dated:- 5-2-2014 - Shri Chandra Poojari And Shri Saktijit Dey,JJ. For the Appellant : Shrii Solgy Jose T.Kottaram DR For the Respondent : Shri G.V.V.S.Murthy ORDER Per Saktijit Dey, Judicial Member: This appeal by the Revenue is directed against the order of the Commissioner of Income-tax(Appeals) I, Hyderabad dated 10.7.2013 for the assessment year 2007-08. 2. Effective grounds of the Revenue in this appeal read as follows- "........ 1) In the facts and circumstances of the case, whether the Learned CIT(A)'s decision of restricting the disallowance of expenditure to a lower percentage i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion expenses by the Assessing Officer are that the purchases by the assessee are from unorganized real estate sector such as sand, metal, labour, wood and bricks etc. and the assessee could not substantiate the expenditure with supporting evidence and most of the expenses were paid in cash and therefore, the genuineness of the expenditure is not fully verifiable. 5. On appeal, the CIT(A), originally dismissed the appeal in limine, on account of non-payment of admitted taxes by the assessee for the assessment year 2007-08. The Tribunal, vide its consolidated order for assessment years 2005-06 to 2008-09, dated 11.1.2013, in ITA Nos.1418 to 1421/Hyd/2012, insofar as assessment year 2007-08 is concerned, vide para 9, set aside the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. We heard the sides and perused the material on record. In the light of the above discussion, it could be seen that the issue involved in the present appeal, viz. part disallowance out of the expenses claimed on site development and construction, is covered by the decision of the Tribunal in assessee's own case for assessment years 2005-06, 2006-07 and 2008-09 in ITA Nos.1418, 1419 and 1421/Hyd/2012 (supra). In the said order dated 11.1.2013, the Tribunal vide para 15 thereof, with regard to part disallowances made by the Assessing Officer for those years, held as follows- "15. We have considered the issue. Even though the learned Assessing Officer has listed out various expenditures for disallowance, he has not examined whether the ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... restrict the disallowance to 15% of cash payments made on account of such items of expenditure which have been considered by the Assessing Officer. Consistent with the view taken by this Tribunal for the other years noted above, and in the absence of any material to contradict the findings fo the CIT(A) brought on record by the Revenue, we find no infirmity in the impugned order of the CIT(A). We only direct the Assessing Officer further to strictly comply with the directions of the Tribunal in the said order for the assessment years 200506, 2006-06 and 2008-09 as extracted hereinabove and re-quantify the addition that may be called for, in accordance with law and after giving reasonable opportunity of hearing to the assessee. 10. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
