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2022 (12) TMI 795

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..... of power expenses - As assessee has been able to satisfy the considerable change. However, considering the fact that most of the expenses of power fuel have been booked at the fag end and there considerable increase in the percentage of this expenditure for the AY 2010-11 onwards, we deem it proper to sustain the addition/disallowance @ 1% of the total claim of expenditure at Rs.2,15,63,895/-. Therefore, against the disallowance of Rs.10,78,194/-, a sum of Rs. 2,15,638/- is sustained and remaining disallowance of Rs.8,62,556/- is deleted. Ground no.1 raised by the assessee is partly allowed. Disallowance of repair maintenance expenses - HELD THAT:- Assessee has filed complete ledger accounts of the expenditure incurred. Except an amount as .....

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..... essee gets relief at Rs. 19,18,472/-. Ground no.3 is partly allowed.
Shri Manish Borad , Accountant Member And Shri Sonjoy Sarma , Judicial Member By Appellant : Shri Amit Agarwal , Advocate Shri H. V. Bharadwaj , ld. AR By Respondent : Shri P. P. Barman , Addl. CIT , ld. DR ORDER PER MANISH BORAD , AM. This appeal of the assessee for the assessment year 2013-14 is directed against the order dt. 27-01-2017 passed by the ld. Commissioner of Income-tax, Appeals [ in short, hereafter referred to as 'the 'ld. CIT(A), Durgapur. 2. The assessee has raised the following grounds of appeal for the AY 2013-14:- 1.0 For that the Id. CIT (A) is not justified in sustaining the addition of Rs.10,78,194/- out of Power and Fuel Expenses mere .....

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..... 0,50,480/- after making various addition in the following manner:- Total income as declared in its ITR Rs.73,80,250/- Interest paid to NBFC disallowed u/s.40(a)(ia) as discussed above Rs.7,79,400/- Power & Fuel disallowed as discussed above Rs.10,78,194/- Repairs & Maintenance disallowed as discussed above Rs.1,29,471/- Tyre Expenses disallowed as discussed above Rs.2,85,070/- Unloading & Chpiing disallowed as discussed above Rs.23,98,090/- Rs.46,70,255/- Rs.1,20,50,475/- R/O Rs.1,20,50,480/- 4. Aggrieved, the assessee preferred appeal before the ld. CIT(A) and partly succeeded. 5. Aggrieved, now the assessee is in appeal before this Tribunal against the addition(s)/disallowances sustained by the ld. CIT(A) .....

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..... been able to satisfy the considerable change. However, considering the fact that most of the expenses of power & fuel have been booked at the fag end and there considerable increase in the percentage of this expenditure for the AY 2010-11 onwards, we deem it proper to sustain the addition/disallowance @ 1% of the total claim of expenditure at Rs.2,15,63,895/-. Therefore, against the disallowance of Rs.10,78,194/-, a sum of Rs. 2,15,638/- is sustained and remaining disallowance of Rs.8,62,556/- is deleted. Ground no.1 raised by the assessee is partly allowed. 11. Ground no. 2, it relates to disallowance of repair & maintenance expenses at Rs. 1,29,741/-. Though it remains an undisputed fact that the assessee has filed complete ledger accou .....

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..... cash and TDS not deducted and not supported by relevant documents. However, considering the fact that loading and chipping expenses constitutes major parts of the expenditure of the assessee company i.e 32.14% and also considering the fact that turnover of the assessee has increased from 1.26 cr during AY 2010-11 to Rs. 14.92 cr during AY 2013-14 and also net profit which was declared at Rs. 9,04,071/- during AY 2010-11 has risen to Rs.99,15,955/- in AY 2013-14, the books of account regularly audited and complete details have been filed before us in the shape of paper book, we being fair to both the parties are inclined to sustain the disallowance @ 1% i.e at Rs. 4,79,618/- as against Rs.23,98090/- confirmed by the ld. CIT(A). Thus, assesse .....

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