FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof...
ITAT held that an ad hoc 20% disallowance of truck rent expenses could not stand where the assessee had filed supporting details, sample invoices and vehicle registration papers, but the AO had not made proper verification, enquiries or rejected the books of account. As similar expenditure in the assessee's own earlier year had been restricted to 2% by a speaking order, and no distinguishing facts were shown, the disallowance was confined to 2%. The separate addition relating to unpaid motor truck rent was not upheld on the existing record and was remanded to the AO for verification after giving the assessee one further opportunity of hearing.
ITAT held that an ad hoc 20% disallowance of truck rent expenses could not stand where the assessee had filed supporting details, sample invoices and vehicle registration papers, but the AO had not made proper verification, enquiries or rejected the books of account. As similar expenditure in the assessee's own earlier year had been restricted to 2% by a speaking order, and no distinguishing facts were shown, the disallowance was confined to 2%. The separate addition relating to unpaid motor truck rent was not upheld on the existing record and was remanded to the AO for verification after giving the assessee one further opportunity of hearing.
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