2026 (4) TMI 636

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....t order passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the Assessment Year 2015-16. 2. Brief facts of the case are that the assessee is a firm engaged in the business of transportation of goods. The assessee is awarded tender from various companies from pickup of goods from one place to put the same in destination places as per terms for IFFCO Ltd., GNFC Ltd., KRIBHCO Ltd. etc. For the A.Y. 2015-16, the assessee filed its return of income on 07.09.2015 declaring total income of Rs. 13,01,830/-. The return was taken for scrutiny assessment and the AO made ad-hoc disallowance of 20% on the Truck expenses amounting to Rs. 1,40,80,033/- being the Truck Rent Expenses amounting to Rs.....

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....ugned order. Their action is in clear breach of law and Principles of Natural Justice and therefore deserves to be quashed. 4. The learned CIT(A) has erred in law and on facts of the case in confirming action of the Id. AO in levying interest u/s. 234A/B/C/D of the Act. 5. The appellant craves leave to add, amend, alter, edit, delete, modify or change all or any of the grounds of appeal at the time of or before the hearing of the appeal." 5. Ld. Sr. Counsel Shri Tushar Hemani appearing for the assessee submitted that the truck rent expenses amounting to Rs. 7,04,00,166/- was claimed as a deduction while computing the income. Most of these expenses were paid in cash and the unpaid motor truck rent as on 31.03.2015 pertai....

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....ncipal Commissioner of Income Tax vs. R.G. Buildwell Engineers Ltd. [2018] 99 taxmann.com 284 (SC)/[2018] 259 Taxman 370 (SC) [01-10-2018] ➤ Principal Commissioner of Income-tax, (Central)-1 vs. Forum Sales (P.) Ltd. [2024] 160 taxmann.com 93 (Delhi)/[2024] 298 Taxman 533 (Delhi)/[2024] 468 ITR 392 (Delhi) [01-03-2024] ➤ West Coast Fine Foods (India) Pvt Ltd vs. DCIT 13(3)(2), Mumbai (ITA No. 893/MUM/2024)-ITAT Mumbai 6. Per contra, Ld. Sr. DR appearing for the Revenue supported the orders passed by the lower authorities and requested to confirm the addition. 7. We have given our thoughtful consideration and perused the materials available on record including the paper book and case laws filed by the as....

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....n the cash withdrawal from bank in a particular day and entry in the cash book and the utilization of the same in carrying out his business activities. Therefore, considering the details and relevant documents furnished by the assessee during the course of assessment proceedings, it is conclusively proved that the assessee was not in a position to adduce complete evidence in respect of huge cash expenditure incurred in the form truck rent expenses of Rs. 6,17,43,640/- and expenses of Rs. 1,31,37,774/- claimed under the head 'Labour Expense-GSFC Jamnagar'. 12. Having considered all the details and relevant evidence furnished by the assessee, during the course of assessment proceedings for A.Y.2013-14, in respect of the above two exp....