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2015 (10) TMI 1433

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..... diture’ - Held that:- . Considering the fact that the Assessee is operating in remote places in Belgaum and also taking into consideration that the expenditure relates to trucks also, we are of the view that the interest of justice would be served if the disallowance is restricted to 10% of the total expenditure. 10% of the total expenditure would come to about ₹ 75,100/- which is rounded off to ₹ 75,000/-. Consequently, the AO is directed to restrict the disallowance to ₹ 75,000/-. - Decided in favour of assessee in part. - ITA No. 193/PNJ/2014 - - - Dated:- 10-6-2015 - George Mathan, JM And N. K. Billaiya, AM, JJ. For the Petitioner : Sanjeev G Adyapak, CA For the Respondent : M R Bangari, Ld. DR ORDER .....

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..... the sundry creditors in the case of Lucky Enterprises to the extent of ₹ 14,98,817/-. It was the submission by the ld. AR that the Assessee may be granted one more opportunity to produce further details before the AO. The ld. AR drew our attention to various pages filed in the paper book containing 68 pages to show that he had substantial evidences in the form of Record of Rights of many of the other creditors also. It was the submission that the Assessee may be granted another opportunity to produce such evidences before the AO. 3. To the said submission, the ld. DR did not raise any serious objections. 4. We have considered the rival submissions. As the Assessee has produced fresh evidences before us in the form of Record of .....

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..... her submission that the expenses were in relation to trucks and the possibility of personal use was not there. 6. In reply, the ld. DR vehemently supported the order of the AO and the ld. CIT(A). 7. We have considered the rival submissions. Considering the fact that the Assessee is operating in remote places in Belgaum and also taking into consideration that the expenditure relates to trucks also, we are of the view that the interest of justice would be served if the disallowance is restricted to 10% of the total expenditure. 10% of the total expenditure would come to about ₹ 75,100/- which is rounded off to ₹ 75,000/-. Consequently, the AO is directed to restrict the disallowance to ₹ 75,000/-. In the result, ground .....

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