2022 (6) TMI 1554

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.... : Dr. Mahesh Akhade, CIT DR ORDER Per Kavitha Rajagopal (JM): This appeal has been filed by the assessee company as against the order of Ld. CIT(A) under section 143(3) of the I.T. Act relevant to A.Y. 2009-10. 2. It is submitted that the said appeal was filed on various grounds and the same was decided by the Hon'ble ITAT on 08/08/2019 alongwith the Revenue's appeal in ITA No.3136/Mu....

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....rvices Ltd (AASL)." 3. The brief facts are that the assessee is a company engaged in the business of National and International Air Transport. The assessee company filed its return of income disclosing total loss at Rs. 10,64,71,48,22,431/- for A.Y. 2009-10. During the scrutiny assessment proceedings under section 143(3), various additions and disallowances were made by the Assessing Officer wh....

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....On appeal before the Ld. CIT(A), it was held that the write off of the said amount could be recovered from assessee's subsidiaries and Ld. CIT(A) confirmed the addition made by the Assessing Officer. 5. Before us, the Ld.AR contended that the assessee has written off the said amount even in the previous year and was covered by the decision of Apex Court in TRF Ltd vs CIT 323 ITR 397 (SC). The L....

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.... off in its books. Similar practice also prevailed in F.Y. 2008-09. The Assessing Officer as well as the CIT(A) did not have any evidence to controvert the same. From the facts and circumstances of the case, it is seen that such addition has been made by mere surmise and conjecture. 7. Thus, it is a settled position in law that it is not necessary for the assessee to prove that any amount due /....