TaxTMI 
TaxTMI 
2017 (1) TMI 1397
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....le income was related u/s.115 JB at Rs. 6,66,76, 27,404/-.A search and seizure action was carried out under section 132 of the Act in JSW group of cases on 16/03/2011.During the course of search books of accounts and documents belonging to the assessee were seized. Therefore notice under section 153A was issue to it on 24/10/2011.In response to the said notice, it filed return of income on 29/01/2011 declaring total income of Rs. 3.17 crores and of Rs. 666.76 crores u/s.115JB. 2.First ground of appeal is about deleting the addition made on account of capitalisation of Rs. 68.15 lakhs in respect of contract awarded to Gremach Infrastructure Equipments and Projects Ltd.(GIEPL).The AO observed that during the AY.2008-09,the assessee had claim....
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....m of Rs. 33.84 lakhs for the AY. 2008-09 and balance amount of Rs. 68.15 lakhs for the AY. 2009-10 claim under the head capital expenditure. 4. Before us, the Departmental Representative (DR) supported the order of the AO. The Authorised Representative (AR) stated that assessee had not claimed any expenditure in its books of accounts, that disputed amount was disallowed in the case of JSWERL, that during not made by an assessee could not be disallowed. 5. We have heard the rival submissions and perused the material before us. We find that the assessee had not claimed the expenditure in question in its books of accounts for the year under appeal. For disallowing any expense, the AO should first prove the incurring and claiming of the said ....
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....60/-. 7.During the appellate proceedings before the FAA, the assessee argued that no assessment was completed u/s.143 (3) for the year under consideration, that the AO had not given any finding as to how the amount disallowed by the assessee was not acceptable to him while applying provisions of section 14A read with rule 8D, that it had submitted the complete working of the basis of amount disallowed under section 14A along with supporting documents/evidences, that the AO without referring to the details applied Rule 8D that satisfaction of the AO is to the incorrect claim made by the assessee in this regard was precondition for invoking the applicability of rule 8D.The assessee made a reference to certain case-laws and argued that the di....