TaxTMI 
TaxTMI 
2022 (4) TMI 858
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.... submitted that the appeal filed by the assessee is time barred by 10 days for which necessary petition for condonation of delay along with affidavit explaining the reasons for the delay has been filed. The AR further submitted that the assessee could not file appeal within the time allowed under the Act, due to the fact of non-availability of counsel which caused delay of 10 days. The delay in filing appeal is neither intentional nor willful, but for the unavoidable reasons, therefore, he prayed that delay may be condoned in the interest of advancement of substantial justice. 3. The learned DR, on the other hand, strongly opposing condonation of delay petition filed by the assessee submitted that the reasons given by the assessee do not....
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....ssment proceedings as and when required. 4. The learned CIT (Appeals) is relied heavily on the inputs made by the respondent and not considered the appellant submission as well assessment order for the AY 2012-13, in which, the same assessing officer has allowed the reversal of CENVAT credit on the similar issue. (Refer Annexure - 1). 5. The learned CIT (Appeals) ought to have considered the fact that appellant submitted reply on 18/02/2015 with respect to reversal of CENVAT credit on scrap sales whereas respondent in his assessment order dated 21/03/2015 stated appellant not any produced supporting documents. It is clear that the respondent so as to complete assessment on or before 31/03/2015 did not raise any question in....
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....011-12 on 17.11.2011 admitting total income of Rs. 62,76,80,047/-. The case was taken up for scrutiny and during the course of assessment proceedings, the Assessing Officer noticed that the assessee has claimed Rs. 2,06,98,060/- towards reversal of excise duty on scrap written off and debited under the head 'rent, rates & taxes' in the profit & loss account. The assessee was called upon to explain reversal of CENVAT credit on scrap written off with necessary evidences. In response, the assessee submitted that as per CENVAT Credit Rules, CENVAT credit pertaining to scrap cannot be utilized and further, same needs to be reversed, therefore, the assessee has reversed CENVAT credit on scrap written off and debited into profit & loss account. Th....
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....ed to profit & loss account. The Assessing Officer disallowed reversal of CENVAT credit on scrap written off on the ground that the assessee could not file necessary evidences and also failed to explain how figure of Rs. 2,06,98,060/- was arrived at. 8. The learned A.R for the assessee submitted that the learned CIT(A) erred in not appreciating fact that the assessee has reconciled reversal of CENVAT credit on scrap raw material with necessary details and also explained to the Assessing Officer with corresponding evidences, including CENVAT Credit Rules. The learned A.R for the assessee further submitted that the assessee in the process of manufacturing steel products has generated huge scraps which has been partially sold and partially ....
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....ims that the assessee did not furnish necessary evidence, whereas, the assessee claims that it has filed reconciliation explaining reversal of CENVAT credit. The fact needs to be verified. Hence, we set aside this issue to the file of the Assessing Officer and direct the Assessing Officer to reexamine claim of the assessee in light of our findings given hereinabove. In case, the assessee is able to explain CENVAT credit with necessary details, then the Assessing Officer is directed to delete additions made towards disallowance of reversal of CENVAT credit on scrap written off. 11. The next issue that came up for our consideration from ground nos.6 to 10 of assessee appeal is disallowance of withholding tax debited into rates & taxes acco....
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....l Government account. In this case, as per terms of agreement with lenders, the assessee should make interest payment net of all applicable taxes in India. In other words, as per terms of agreement between the parties, the assessee shall borne all applicable taxes on interest payment to the lenders. As per terms of agreement, the assessee has grossed up interest payment towards TDS paid on said interest and remitted into Govt. account and also debited withholding tax to the profit & loss account. In our considered view, withholding tax paid by the assessee to the Govt. account on behalf of the lenders in terms of agreement between the assessee is nothing, but cost of borrowings (interest to the assessee) and thus, the assessee is entitled t....