TaxTMI 
TaxTMI 
2018 (6) TMI 168
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....e proceedings had arisen before learned CIT(A) from assessment order dated 31-01-2013 passed by learned Assessing Officer (hereinafter called "the AO") u/s 143 (3) r. w. s. 254 of the Income-tax Act,1961 (hereinafter called "the Act") for AY 2006-07. This is second round of litigation before the tribunal. 2. The grounds of appeal raised by the assessee in the memo of appeal filed with the Income-Tax Appellate Tribunal,Mumbai (hereinafter called "the tribunal") read as under:- "Being aggrieved by the order of the learned Commissioner of Income Tax (Appeals) - 16,Mumbai,this appeal petition is submitted on the following grounds which it is prayed may be considered independently without prejudice to one another; 1) On the ....
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....sundry balance written off and details of traveling expenses which are available at pages 78 and 79 respectively of the paper book. But the details only give the name of the party,amount,date and no further details as to whether these were taken into account in computation of income of earlier years etc. is not available. Similarly,in respect of traveling expenses,the details given are only the date wise payments made to Deep Tours & Travels. The relevance of these expenses to the business of the assessee has not been given or examined by the AO. In our view,for considering the allowability of claim,further details as mentioned above are required to be examined. We,therefore,set aside the order of AO for passing a fresh order after necessar....
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....ear but in the absence of any evidence of the said amounts being included while computing income of the earlier years,the claim of the assessee was rejected by learned CIT(A) in second round of litigation vide appellate orders dated 21-08-2013. 6. The assessee is now before tribunal in second round of litigation. The assessee has filed a paper book containing 31 pages which is duly signed/certified by a Senior Chartered Accountant namely Shri. Vimal Punmiya wherein certification is issued by Sh Vimal Punmiya,CA that documents placed in paper book at page no. 1 to 31 were duly before both the authorities below namely AO and learned CIT(A) . It is stated before the Bench that the said paper book do not carry any additional evidence filed f....
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....elopers Private Ltd. . The Senior Chartered Accountant Sh. Vimal Punmiya has certified that this ledger account contained the list of sundry balances written off during the year under consideration and the said list was duly filed before the authorities below. Statement has been made before us by Sh. Vimal Punmiya that these are true and correct documents filed before the authorities below and the authorities erred in ignoring these details/documents. We are proceedings to decide the controversy based upon material on record . Now,coming to merits of the case ,it is contended before us that the amount of Rs. 8833. 49 was paid to 'B. G Shirke Cons. Tech P Ltd. ' towards professional charges . We have observed that no evidences are brought....
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....nila Deposit'. Keeping in view that amount involved is insignificant and is merely short/excess being fractional amount of paise fifty nine only written off,the same is allowed. The assessee succeeds on this addition. We order accordingly. With respect to write off of sundry balance to the tune of Rs. 6261/- recoverable from 'Akash Overseas Company' ,wherein ledger account is placed in paper book from 01. 04. 2001 to 31. 03. 2006,perusal of the ledger account reveals large number of debit and credit entries of amounts paid and received . There is no sales made to said party by assessee. Hence,it could not be shown by assessee that the said amount constituted income which was included while computing taxable income of the assessee. Thus,b....
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....he absence of proper explanation/evidences on record,the assessee claim cannot be allowed. The assessee fails on this addition. We order accordingly. Now coming to write off of Rs. 1,46,000/- with respect to 'Pacific Marbles Private Ltd. ' ,it is shown vide ledger account and sales invoices that sales have been made to the tune of Rs. 3,46,000/- on 09. 09. 2005 ,out of which Rs. 2 lacs was recovered on 05. 10. 2005 and the balance amount of Rs. 1,46,000/- was written off . In view of evidences brought on record ,keeping in view provision of Section 36(1) (vii) ,this amount of write off to the tune of Rs. 1,46,000/- being recoverable from Pacific Marbles Private Limited stood allowed as deduction while computing income of the assessee. Th....