Forum
Read and express views
× Latest Case Laws on Income Tax by various Income Tax Appellate Tribunals in India

These are the latest case laws decided by various Income Tax Appellate Tribunals (ITAT) of India on Income Tax which have been published recently. The case laws are open for discussion and we invite expert comments from our members on its applicability and effect on relevant issues.

06-09-2019, Premier Car Sales, Section 37, 30, 36, 145(3), Tribunal Lucknow

  • amit
  • amit's Avatar Topic Author
  • Offline
  • Administrator
  • Administrator
More
5 days 4 hours ago #10766 by amit
Section - 37, 30, 36, 145(3), 44AB, 144C, 271(1)(c)
Order Date - 06-09-2019
Favouring - Revenue
Court - Tribunal Lucknow
Appellant - ACIT
Respondent - Premier Car Sales Ltd.
Justice - A. D. JAIN VP & T. S. KAPOOR AM
Citation - 919Taxpundit87
Appeal No. - ITA Nos.249 & 672/Lkw/2018
Asstt. Year - 2014-15 & 15-16

Order

PER : T. S. KAPOOR, A.M.

These two appeals have been filed by the Revenue against the separate orders of learned CIT(A) dated 24/01/2018 and 28/09/2018 respectively. The assessee has also filed cross objections in I.T.A. No.249/Lkw/2015. These appeals involve similar issues which were heard together therefore, for the sake of convenience, a common and consolidated order is being passed. The grounds of appeal, taken by the Revenue, in both the appeals are reproduced below:

I.T.A. No.249/Lkw/2018

“1. The Ld. CIT(A)-2, Lucknow has erred in law and on facts in deleting the addition made by Assessing Officer of Rs.62,70,485/- in respect of Toll business ignoring the facts of the case that assessee failed to substantiate the rise in expenses incurred for operating the toll plaza during the assessment proceedings.

2. The Ld. CIT(A)-2, Lucknow has erred in law and on facts in deleting the addition made by Assessing Officer of Rs.1,27,07,644/- being amount payable to NHAI by admitting fresh evidence in the form of copy of contract with NHAI thereby violating the provisions of Rule 46A of the Income Tax Rules 1962.

3. The Ld. CIT(A)-2, Lucknow has erred in law and on facts in deleting the addition made by Assessing Officer of Rs.2,21,02,473/- on account of salary and wages ignoring the facts of the case that assessee failed to prove the genuineness and identity of the employees during the assessment proceedings or at the appellate stage.”

I.T.A. No.672/Lkw/2018

“1. The Ld. CIT(A)-2, Lucknow has erred in law and on facts in deleting the addition of Rs.20,21,983/- made by Assessing Officer on account of disallowance of expenditure in respect of toll plaza business ignoring the fact that assessee failed to substantiate the excessive claim of expenses for operating the toll plaza during the assessment proceedings.

2. The Ld. CIT(A)-2, Lucknow has erred in law and on facts in deleting the addition of Rs.1,75,96,862/- made by Assessing Officer on account of disallowance of salary and wages without appreciating that the assessee failed to furnish the identity of employees as well as genuineness of salary payments before the Assessing Officer.

3. The Ld. CIT(A)-2, Lucknow has erred in law and on facts in deleting the addition of Rs.1,75,96,862/- made by Assessing Officer on account of disallowance of salary and wages without giving any opportunity to the Assessing Officer to examine the evidences/submissions in this regard submitted by the assessee before the Ld. CIT(A).”

2. Learned D. R., at the outset, stated that the Assessing Officer had rightly made the disallowances as the assessee had declared substantially high expenses in operating the toll plaza as compared to earlier year. Learned D. R. further submitted that learned CIT(A has admitted fresh evidence without confronting the same to the Assessing Officer, which is in contravention of Rule 46A of the I.T. Rules. Learned D. R. further submitted that assessee had failed to prove the genuineness and identity of the employees and, therefore, the Assessing Officer had rightly made the disallowance out of salary and wages expenses and which the learned CIT(A) has wrongly allowed.

3. Learned A. R on the other hand, submitted that the Assessing Officer had made the addition without rejection of books of account and without any basis. It was submitted that the Assessing Officer merely made the disallowances by holding that as compared to earlier year, there was substantial increase in expenses whereas he has not made any finding to the fact that such expenditure was not incurred for the purpose of business.

3.1 As regards the argument of Learned D. R. regarding acceptance of fresh evidence, Learned A. R. submitted that no fresh evidence was filed by the assessee and in this respect our attention was invited to the order of learned CIT(A) wherein he has recorded the detailed findings and nowhere he has mentioned that the assessee had filed any fresh evidence. Our

Click to view and download Full Free Judgement of ACIT vs. Premier Car Sales Ltd.

Unable to display Google Map.




Please Log in or Create an account to join the conversation.

Time to create page: 0.078 seconds

If You Appreciate What We Do Here On TaxPundit, You Should Consider:

We are thankful for your never ending support.

Latest Analysis - High Courts

PCIT vs. Sahara States Gorakhpur

PCIT vs. Sahara States Gorakhpur

PCIT vs. Sahara States Gorakhpur Read More
GENPACT INDIA PRIVATE LIMITED vs. DCIT

GENPACT INDIA PRIVATE LIMITED vs. DCIT

GENPACT INDIA PRIVATE LIMITED vs. DCIT Read More
Jugender Singh Yadav vs. PCIT

Jugender Singh Yadav vs. PCIT

Jugender Singh Yadav vs. PCIT Read More
ROHIT KUMAR GUPTA vs PCIT

ROHIT KUMAR GUPTA vs PCIT

ROHIT KUMAR GUPTA vs PCIT Read More
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41

Forum Features

Latest Case Laws
Latest Case Laws are instantly updated in the Forum into their respective section
Latest from CBDT
Latest Circulars, Notifications, Orders etc. from CBDT is updated in the Forum
Ask Experts
You can ask questions to the community
Support
Support queries are either replied via mail or in the Forum so that others can be benefited
Press Releases
Latest Press Notes and Press Releases are updated in the Forum
Connect with Members
You can connect with our community members by replying to their queries

Recommended Articles

 

SITE INFORMATION

All content herein is the copyright of Taxpundit. No images, text, or any other content may be, reproduced or redistributed without the express written consent of Taxpundit.

All Rights Reserved. All Content Copyright.

Newsletter

Subscribe to our newsletter and stay updated on the latest developments and special offers!

Company Master Data Since 1900. More than 1.75 Million Records. Register/Login to get FREE access. Read more
Toggle Bar