9911796707
TMI Blog2021 (7) TMI 921X X X X Extracts X X X X X X X X Extracts X X X X ..... er is vested with the Appellate Authority. This Court is further of the view that the argument that whether the petitioner s response was considered or not would have to be raised before the appellate authority while hearing the appeal and not in writ jurisdiction. The said argument in the present case requires minute examination of the Show Cause Notice as well as the response filed by the petitioner, which is not permissible in writ jurisdiction. Consequently, as the petitioner has alternative efficacious remedy, present matter need not be entertained in writ jurisdiction. Accordingly, the present writ petition and applications are dismissed. - W.P.(C) 6791/2021 & CM APPLs. 21394-21396/2021 - - - Dated:- 20-7-2021 - HON'BLE MR. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is reproduced hereinbelow:- 3. During the year under consideration the assessee filed his revised return of income for A.Y. 2018-19 electronically on 29/11/2018 declaring therein a total income of Rs. NIL claiming refund of RS.71,95,010/-. During the year under consideration asessee was engaged in providing Diagnostic services. 4. On close perusal of records available on record are duly considered. On going through the reply, the below mentioned issues are to be taken for the purpose of making addition to the income of the assesee during the year: During the year under consideration Assessee has claimed current year loss amounting to ₹ 149822751/- and claimed refund of ₹ 7195009/- towards TDS. After observing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 1414983/- and intangible assets of ₹ 169278/- , No bills and vouchers are available on record to substantiate its claim. In addition to that you have claimed expenses in respect of repairs to buildings amounting to ₹ 24,24,628/- And repairs to plant and machinery or furniture amounting to 10,50,8695/- . However as per rent agreement point no. 9.4 read as below . That it is agreed, declared and confirmed by and between the parties here to that the Lessor shall appoint a reputed maintenance agency (i.es)(hereinafter referred to as the maintenance Agency ) at the cost of the Lessee, towards the overall maintenance of the scheduled Premises, air conditioning plant(s), DG Sets etc. It is further agreed, de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and maintenance of their own equipments on the space leased to them on the 6th floor . 8. In view of the of rent agreement that was made in May 2017, it is very surprising that assessee had started putting plant and machinery in the month of April 2017 which were duly claimed by him in his submissions and also claimed expenses in respect of repairs to buildings amounting to ₹ 24,24,628/- And repairs to plant and machinery or furniture amounting to 10,50,8695/- During the year you have provided service to your associated enterprise i.e Cellmax Taiwan Co. Ltd. for Lab Charges paid to ₹ 2772264/- under section 92C(1). No bills and vouchers were produced in this regard and the nature of exact expense is also not known. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is no mere presumption but all the material available on record stood condemned and not acceptable. It is strange that assessee company is having loss in its business and has the huge money for spending it on advertisement amounting to ₹ 1,94,12,700/. Sales are not verifiable amounting to ₹ 206316190/- And expenses are also not forthcoming and the income returned was gone to loss as compared to the expenditure occurred by the assesee. In these circumstances, there is a strong probability that in the previous year s also assessee company has been indulged in these types of modus operendi to carry its business activities which needs to be verified. Assessee had paid interest amounting To ₹ 6223636/- for which it has not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
