TaxTMI 
TaxTMI 
TaxTMI 
2022 (10) TMI 541
X X X X Extracts X X X X
X X X X Extracts X X X X
....al, erroneous and untenable on facts and in law deserves to be deleted. 3. That the labour charges for the period 1.5.2007 to 15.11.2007 constituted admissible deduction. There was no legal warrant to make any disallowance. The impugned disallowance of Rs.30650/- made by Assessing Officer and sustained by the Ld. CIT (Appeals) being illegal, erroneous and untenable on facts and in law deserves to be deleted. 4. That on facts and in the circumstances, there was no legal warrant to make any addition out of Truck Hire charges. The impugned addition of Rs 73,410/- made by Assessing Officer and sustained by the Ld. CIT( Appeals) being illegal, erroneous and untenable on facts and in law deserves to be deleted. 5. That on facts and in the circumstances, there was no legal warrant to make any addition out of Labour charges. The impugned addition of Rs 241570/- made by the Assessing Officer and sustained by the Ld. CIT (Appeals) being illegal, erroneous and untenable on facts and in law, deserves to be deleted. 6. That on facts and in law interest u/s 234A, 234B, 234D and 244(A)(3)& 220(2) of I.T. Act was not leviable. Levy of interest under the said provisions deserves to be q....
X X X X Extracts X X X X
X X X X Extracts X X X X
....mber on 32 trips were done by the assessee, thus I delete the addition of Rs. 18750/- made by the AO. 4 & 6 Labour Charges (Refer page no. 14 & 15 of paper book filed dated 15.12.15) - Ledger Account Para 7.2 is read as under: Facts: - Labour charges is to be paid by the assessee as apparent in the clause of contract. The assessee has to provide driver and cleaner for the truck and further had to pay labour charges which is Rs.1 per quintal as wages has been paid by assessee on sugarcane purchase center, for loading charges. The mill installed machine only for loading but labour charges is paid by the assessee, it is necessary for setting the sugarcane on truck. The AO has disputed the expenditure without sufficient reasoning and presumed that labour charges is paid by mill. The facts have been given above and also been explained. Thus labour charges paid amounting to Rs. 241570/- is business expenditure and need to be allowed in totality. The AO has made double addition thus, both the addition amounting to Rs. 30650/-and Rs. 241570/- may be deleted. 30650.00 & 241570.00 7.5 (Refer page no. 53 of paper book filed dated 15.12.15) 7.2 (Refer page no. 51 & 52 of paper book ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ders of the authorities below. I find that Ld.CIT(A) sustained the additions by observing as under:- 5.3. "I have gone through the assessment order, orders of my ld. Predecessor, order dated 23.09.2013 of the ITAT Delhi and order of the Hon'ble Allahabad High Court dated 29.10.2014. I have also gone through remand reports submitted by the AO. I have also carefully perused the various written submissions made by the AR. From the facts of the case, it is seen that the assessee had computed its income for the part period between 01.05.2007 to 15.11.2007 under the provision of section 44AE. In this situation, no expenditure would be allowable in the computation of income for the part period because as per the provision of section 44AE, the income is on presumptive basis and already accounts for any expenditure incurred for earning the income. Based on above discussion, grounds of appeal No.2,3,4,5&6 are dismissed and additions of Rs. 1,59,580/-, Rs. 18,750/-, Rs. 30,650/-, Rs. 73,410/- & Rs. 2,41,570/- are confirmed." 9. From the above finding, it is clear that Ld.CIT(A) was of the view that the assessee cannot compute the provision u/s 44AE of the Act for part of the year only. Fo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r, as the case may be, the income from the said business shall be excluded. (6) Nothing contained in the foregoing provisions of this section shall apply, where the assessee claims and produces evidence to prove that the profits and gains from the aforesaid business during the previous year relevant to the assessment year commencing on the 1st day of April, 1997 or any earlier assessment year, are lower than the profits and gains specified in sub-sections (1) and (2), and thereupon the Assessing Officer shall proceed to make an assessment of the total income or loss of the assessee and determine the sum payable by the assessee on the basis of assessment made under sub-section (3) of section 143. (7) Notwithstanding anything contained in the foregoing provisions of this section, an assessee may claim lower profits and gains than the profits and gains specified in sub-sections (1) and (2), if he keeps and maintains such books of account and other documents as required under sub-section (2) of section 44AA and gets his accounts audited and furnishes a report of such audit as required under section 44AB. Explanation.-For the purposes of this section,- (a) the expressions "g....