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2021 (2) TMI 61

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..... creditors nor supported with any evidence that the trade liabilities are no longer payable by the Assessee. Accordingly, we set aside the order of the CIT(A) on this disputed issue and direct the Assessing officer to delete the addition. Disallowance of Franking, processing and registration charges - whether they are wholly incurred for the purpose of business - AR has substantiated his arguments with the details along with registration charges and sanction letters of the banks substantiating that the said amount are revenue expenditure - HELD THAT:- We considering the facts and the material find that these details are to be verified and examined. Accordingly, we remit this disputed issue to the file of the Assessing officer for limit .....

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..... ame has not yet been absolved. 4. On the facts and circumstances of the case and in law, the CIT(A) erred in adding an amount of ₹ 1,58,447/- without issuing show cause notice to the assessee. 2. The brief facts of the case are that, the assessee company is engaged in the business of dealing in computers and computer related parts and filed the return of income electronically on 29.09.2012 for the A.Y 2012-13 with total income of ₹ 48, 68,630/-.The return of income was processed u/s 143(1) of the Act. Subsequently, the case was selected for scrutiny and notice u/s 143(2) and 142(1) of the Act along with questioner were issued. In compliance the Ld. AR appeared from time to time and the case was discussed. On perusal of .....

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..... 27.03.2015. 3. Aggrieved by the order the Assessee filed an appeal with the CIT(A), whereas the LdCIT(A) has considered the grounds of appeal, findings of the A.O and submissions of the assesses and has confirmed the addition in respect of cessation of liability u/s 41(1) of the Act ₹ 11,57,145/-and enhanced the addition. An amount of ₹ 3,59,000/- in respect of franking charges and Citi Bank fees paid was allowed as deduction and the remaining processing and registration charges to the extent of ₹ 8,57,756/- was sustained. The LdCIT(A) granted the partial relief in respect of other disallowances and partly allowed the appeal of the assessee. Aggrieved by the order, the assessee has filed an appeal with the ITAT. 4. A .....

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..... te the addition. 7. Whereas, In respect of franking, processing and registration charges, the LdAR has substantiated his arguments with the details in the paper book at page 1 to 27 along with registration charges and sanction letters of the banks substantiating that the said amount are revenue expenditure. We considering the facts and the material find that these details are to be verified and examined. Accordingly, we remit this disputed issue to the file of the Assessing officer for limited purpose for verification. The assessee should be provided with adequate opportunity of hearing and shall cooperate in submitting the information and allow the grounds of appeal for statistical purpose 8. In the result, the appeal filed by the as .....

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