2012 (9) TMI 970

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....nior Counsel with Ms. Aasifa Khan i/b Ms. Aasifa Khan & A.J. Patil P.C. :- 1. This is an appeal under section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (Tribunal) dated 24.9.2009 in IT(SS)A No.253/M/2005 pertaining to the block period 1.4.1995 to 21.3.2002. The appeal is admitted on the questions of law raised in paragraphs 4(a) to (d). 2. The....

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.... which falls beyond the period of block assessment ? " 3. In this case, the expenditure had admittedly been incurred in the financial year 1992-1993 i.e. assessment year 1993-1994 and claimed as deductions during that year. However, as the amount was not paid, this amount of Rs. 40,02,180/- was shown as credit balance. The AO by an order dated 31.3.2004 held that expenditure in assessment ye....

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....nt of Rs. 40,02,180/- is held to be bogus expenditure, then it can be brought to tax only in that year when the expenditure was claimed viz. assessment year 1993-1994. In this case, the block period is from 1.4.1995 to 31.3.2002. Therefore, the bogus expenditure incurred, which is sought to be brought to tax was outside the block period. 6. We find that both the CIT (A) and the Tribunal have co....