2015 (1) TMI 1528

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....appeal filed by the assessee against the order of the ld. CIT (A) -Kota dated 29-03-2012 for the assessment year 2007-08. 2.1 During the course of hearing, the ld. AR has not pressed the Ground No. 3. Therefore, the same is dismissed being not pressed and Ground No. 1 and 2 of the assessee are as under for adjudication. "1. That under the facts and circumstances of the case t....

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.... The supply orders are received from the parties in terms of number of tankers which are loaded from different destinations. The loading capacity of the assessee's tanker No RJ 20/G/4435 is 16.2 MT as against the RTO passing capacity of 11.14 MT. As a safety policy while transporting liquid chemicals, care is taken that tanker is sufficiently filled as partially filled tankers are prone to acc....

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....f penalty but it is over-utilization of tonnage which is charged in multiplication as composition fee. It is a common practice in transportation trade that many a time the liquid tankers are found to be over-loaded and subjected to RTO compounding fee which is paid to avoid tanker impounding to avoid loss of business. This expenditure is incurred in the regular course of business wholly and exclus....

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....ratus of the assessee. Respectfully following the decision of ITAT Ahmedabad Bench in the case of Agarwal Road Lines (P) Ltd. vs. ACIT (supra) and other cases cited supra, the Ground No. 1 of the assessee is allowed. 4.1 Apropos second Ground, the assessee purchased two mobile phones for Rs. 39,270/- as the life of the mobile phones are very short. The assessee has claimed it as Reven....