Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
HC held that consistency in tax treatment required deletion of the ad hoc disallowance of telephone and car expenses where similar disallowances for earlier years had already been deleted and no material change in facts was shown. It further held that a company's expenditure cannot be treated as personal expenditure merely because employees or directors may use cars or telephones authorised by the company; disallowance is justified only on a finding that the has no nexus with business. The Court found the AO's reasoning cursory and ruled that the company was not required to maintain a log book or split journeys into personal and official use. The disallowance was set aside.
HC held that consistency in tax treatment required deletion of the ad hoc disallowance of telephone and car expenses where similar disallowances for earlier years had already been deleted and no material change in facts was shown. It further held that a company's expenditure cannot be treated as personal expenditure merely because employees or directors may use cars or telephones authorised by the company; disallowance is justified only on a finding that the has no nexus with business. The Court found the AO's reasoning cursory and ruled that the company was not required to maintain a log book or split journeys into personal and official use. The disallowance was set aside.
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