2022 (11) TMI 614

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....missioner of Income Tax Appeals, in so far as it is prejudicial to the interest of the appellant, is against law, principles of justice, weight of evidence, probabilities of the case of the appellant. 2. The learned CIT is erroneous has ignored the principles of natural justice in passing the order without considering the supporting evidences filed and apparently insisting on physical appearance of a closed company. The assessing officer and the Learned Commissioner of Income Tax Appeals have traversed beyond the direction given by the Honorable Bench to verify the evidences. 3. The learned CIT Appeals has erred in upholding the disallowance of Harbor expenses by the Assessing officer for reasons other than those mentioned....

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....11.2009 declaring total income of Rs.10,01,983/-. During the financial year relevant to the AY 2007-08, the assessee company has incurred harbour expenditure of Rs.21,60,162/- . The said expenditure has been paid by M/s.Trimex Minerals (P) Ltd., to Chennai Port Trust on behalf of the assessee company for export of iron ore. The assessee has reimbursed harbour charges to Chennai Port Trust as per debit note issued by them. The AO disallowed harbour expenditure u/s.40(a)(ia) of the Act, for non-deduction of TDS under respective provisions of the Act. The assessee carried the matter in appeal before the First Appellate Authority. The Ld.CIT(A), in their order dated 28.05.2018 sustained the additions made by the AO towards harbour charges on th....

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....der of the Ld.CIT(A), submitted that the assessee could not file any evidences to justify its case of reimbursement of expenses and thus, the AO has rightly disallowed expenditure for non-furnishing of necessary evidences. 6. I have heard both the parties, perused the materials available on record and gone through orders of the authorities below. I find that harbour expenditure is a reimbursement of expenses to M/s.Trimex Minerals (P) Ltd., in turn, the party has incurred expenditure on behalf of the assessee and paid harbour expenditure to Chennai Port Trust for export of iron ore. I further noted that the assessee has filed copies of debit notes issued by M/s.Trimex Minerals (P) Ltd., along with ledger extract, and also confirmation fr....