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2017 (3) TMI 1788

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..... turnover of the assessee which was allowed of errors and omission being period expenses was allowed. Considering the decision of co-ordinate bench of Delhi Tribunal on identical fact, wherein the assessee was also a Public Sector Undertaking, we respectfully following the decision of co-ordinate bench allowed the ground of appeal raised by the assessee. Appeal of the assessee is allowed. - IT .....

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..... a State Electricity Board holding company limited. The assessee is engaged in transmission and distribution of electricity in the State. The assessment for relevant assessment year was completed on 29.09.2009 u/s 143(3) of the Act. While framing the assessment, the Assessing Officer (AO) disallowed ₹ 24,85,000/- on account of overstatement repairs. On appeal before the ld. CIT(A), the disall .....

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..... e made the expenditure on repair of plant and machinery on different location in the preceding year. As a result, the expenditure on repair and maintenance of plant and machinery was overstated. In fact the expenditure is almost negligible comparative to the turnover of the assessee. was under stated. On the other hand, ld. Departmental Representative (DR) for the Revenue supported the order of au .....

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..... accrued. However, it cannot be ruled out that in the big set up, which the company had, there could not be any errors or omissions in maintaining the accounts. We find the issue is covered in favour of the assessee by the decision of Co-ordinate Bench in assessee s own case for the AY 1997-98 (supra). Wherein, on identical facts, the Tribunal following the decision of the ITAT Delhi in the case of .....

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..... at of A.Y. 1997-98 (supra). Following the decision of the Tribunal in assessee s own case, this ground of the assessee is allowed. Thus, considering the decision of co-ordinate bench of Delhi Tribunal on identical fact, wherein the assessee was also a Public Sector Undertaking, we respectfully following the decision of co-ordinate bench allowed the ground of appeal raised by the assesse .....

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