9911796707
TMI Blog2018 (12) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... and other charges has allowed them fully. This is evident from the copy of the assessment order passed for A.Y. 2003–04 as submitted in the paper book. On a perusal of the details of expenditure claimed in the impugned assessment year as well as in assessment year 2003–04, find them to be of identical nature. No reason for disallowing a part of the expenditure claimed by the assessee. Accordingly, the disallowance made by the Assessing Officer and sustained by the learned Commissioner (Appeals) is deleted. - Decided in favour of assessee. - ITA No.7541/Mum./2016 - - - Dated:- 5-10-2018 - Shri Saktijit Dey, Judicial Member For the Assessee : Shri K.K. Ved For the Revenue : Shri Swapan Kumar Bepari ORDER Aforesaid appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 11th April 2014, restored the issue to the Assessing Officer to consider assessee s claim of deduction under section 57 of the Act. In the assessment proceedings, in pursuance to the directions of the Tribunal, the Assessing Officer again called for necessary details from the assessee and also called upon the assessee to justify its claim of expenditure. After considering the submissions of the assessee and taking note of the decisions of the Tribunal in assessee s own case in earlier assessment years, the Assessing Officer accepted assessee s claim that the income received on account of air condition and other charges are to be treated as income from other sources. However, as regards assessee s claim of expenditure of ₹ 21,91,1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal in assessment year 2003 04, the Assessing Officer has fully allowed the expenditure claimed by the assessee. In this context, he drew my attention to the assessment order passed for assessment year 2003 04, a copy of which is placed at Page 101 of the paper book. Drawing my attention to the details of expenditure claimed in assessment year 2003 04 and in the impugned assessment yea, he submitted that the expenditures are identical. Therefore, he submitted, no disallowance should have been made out of the expenditures made. 6. The learned Departmental Representative relied upon the observations of the learned Commissioner (Appeals) and the Assessing Officer. 7. I have considered rival submissions and perused materials on reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of the Tribunal, the Assessing Officer having found such expenditure to be directly relatable to the income earned from air conditioning and other charges has allowed them fully. This is evident from the copy of the assessment order passed for A.Y. 2003 04 as submitted in the paper book. On a perusal of the details of expenditure claimed in the impugned assessment year as well as in assessment year 2003 04, I find them to be of identical nature. Therefore, I do not find any reason for disallowing a part of the expenditure claimed by the assessee. Accordingly, the disallowance made by the Assessing Officer and sustained by the learned Commissioner (Appeals) is deleted. Grounds raised by the assessee are allowed. 8. In the result, asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
