TaxTMI 
TaxTMI 
2015 (7) TMI 334
X X X X Extracts X X X X
X X X X Extracts X X X X
....ribution of beverages etc. It filed its return of income on 30.9.2009 declaring total income of Rs. 1,37,02,525/-. After processing the return u/s 143(1) of the Income Tax Act, 1961 (the Act), the Assessing Officer (A.O.) passed an order u/s 143(3) of the Act on 15th December, 2011 determining the total income at Rs. 2,06,76,090/-. A number of additions and disallowances were made. 2.1. Aggrieved the assessee carried the matter in appeal. The First Appellate Authority granted part relief. 2.2. Aggrieved, both the assessee and the Revenue are in appeal before us on the following grounds. ITA 277/Del/2013 (Revenue's Appeal): "1. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) had erred in deleti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....expenditure, of Rs. 9 lakhs. 3. That appellant craves leave to add, alter, amend or drop any of the above grounds at the time of hearing." 3. We have heard Sh. Sanjay Sood, the Ld.Counsel for the assessee and Shri P.Damkanunjna, the Ld.Sr.D.R. on behalf of the Revenue. 3.1. The Ld.Counsel for the assessee submitted two paper books, the first one consting of 112 pages and the second one consisting of 29 pages. 4. On a careful consideration of the facts and circumstances of the case, on perusal of material on record, orders of the authorities below, case laws cited, we hold as follows. 5. We first take up Revenue's appeal in ITA 277/Del/2013. 6. Ground no.1 is against disallowance of Rs. 5 lakhs made by the A.O. on account o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d this particular bill was produced before him. He relied on number of case laws and on the ground that the A.O. has not pointed out to any infirmity in the bills, vouchers and books of accounts, the disallowance of expenditure incurred for the purpose of business was held as allowable. We do not find any infirmity in this order. All the books are audited and details were produced before the A.O. No infirmity in the evidences produced has been pointed out. Under these circumstances the question of disallowance that the expenditure that too on adhoc basis cannot be allowed. Hence we uphold the detailed and speaking order of the First Appellate Authority on this issue and dismiss this ground of Revenue. 8. Ground no.3 is on the deletion of....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sed. 11. In the result Revenue's appeal is dismissed. 12. ITA 515/Del/13 (Assessee's Appeal): The facts and submissions of the assessee have been brought out by the First Appellate Authority at pages 14 of his order which is extracted for ready reference. "During the course of appellate proceedings, the appellant has submitted that details placed on record at paper book page 117. The AO stocks goods in bonded warehouse. At times, in the handling, and movement etc. Breakages etc. Of bottles etc. Occurs. However as the bottles etc. Are stored in customs bonded warehouse, the assessee has to account for such stock and has to bear the customs duty on such items of broken, shortage nature. During the year under consideration, of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ch it can be determined that the good have outlived their shelf life and, therefore, have to be destroyed. He filed a paper book consisting of 29 pages and drew the attention of the Bench to pages 19 to 29 which are photo copies of invoices, ledger accounts, bill of entry for ex-bond clearance for home consumption, evidence of customs duty etc. 13.1. He drew the attention to the expiry date mentioned in the bill of entry and the customs documents which shows payment of duty and the comment 'DEFACED' and submitted that these documents clearly demonstrate that the shelf life of the product is expired and there after the assessee paid excuse duty and destroyed the goods. 13.2. The Ld.Sr.D.R. supported the order of the lower authorities. ....