2011 (6) TMI 797

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....mounting to Rs. 5,24,341/-. The Assessing Officer disallowed an amount of Rs. 5,24,341/- being provision for repairs claimed under the head "repairs and maintenance of claimed under the head "repairs and maintenance of factory building" totaling to Rs. 16,82,836/-. It was his contention that on examination of vouchers it was noticed that they were billed in next accounting year, so the amounts were to be allowed in the next year and cannot be in the year under consideration. It was the submission of the assessee that they have untaken regular maintenance work throughout the year and the work for which the provision was made was completed before March 2003, but the bills were received subsequently. Therefore, a provision of similar amount wa....

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....essee has not furnished the details as to how the calculation of amounts incurred in excess of amounts specified in IT Rules and included in the hands of the employees as perquisites. While referring to the past history of the company, the AO disallowed the same. On appeal, the CIT(A) after considering the written submissions deleted the addition. 8. We have heard the rival contentions and also perused the orders of the lower authorities. The Cit(A) also gave a finding that expenditure is for business purposes. We find that in the case of the assessee for the assessment year 2001- 02 the Tribunal vide its order dated 17.3.2008 in ITA No.335/M/2005 rejected the appeal filed by the revenue by confirming the order of the CIT(A). Following t....