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2026 (6) TMI 299

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....er referred to as 'the Act'. Case called twice. None appears at the assessee's behest. We thus proceed ex-parte on account of its continuous nonappearance before the tribunal. 2. We further proceed assessment year-wise for the sake of convenience and brevity as well. ITA No. 1544/Del/2015 (Assessee's appeal); A.Y: 2007-08 This assessee's appeal raises the following substantive grounds: "Ground No. 1: The Ld. Commissioner of Income Tax (Appeals) - 23, New Delhi (hereinafter referred to as 'Ld. CIT(A)'), has erred in law and on the facts and in the circumstances of the case in upholding the various additions / disallowances made in the Assessment Oder dated 25.05.2010. Ground No. 2: The Ld. CIT(A) h....

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....o Rs. 21,22,784/-. Hence, the appellant prays that this disallowance of Rs. 21,22,784/- upheld by the Ld. CIT(A) should be deleted. Ground No. 7: The Ld. CIT(A) erred in law and on facts and in the circumstances of the case in confirming the disallowance of Rent of Furniture paid to M/s Global Eco Earth amounting to Rs. 9,22,700/. Hence, the appellant prays that this disallowance of Rs. 9,22,700/- upheld by the Ld. CIT(A) should be deleted. Ground No. 8: The Ld. CIT(A) erred in law and on facts and in the circumstances of the case in confirming the disallowance of Rent of Air Conditioners amounting to Rs. 7,24,035/-. Hence, the appellant prays that this disallowance of Rs. 7,24,035/- upheld by th....

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....pan Airlines etc, commission paid to agents, simulator higher charges involving M/s Jet Airways, rent of furniture, rent of Air Conditioners and engine lease rent claims; respectively. We are of the considered view in this factual backdrop that the assessee/appellant could not have to be treated as an aggrieved party on all these issues before the tribunal once it had not pressed for its corresponding substantive grounds in the lower appellate proceedings. Rejected accordingly. 5. We now proceed to deal with the assessee's second substantive ground seeking to reverse both the learned lower authorities' action disallowing provisions of repair of unserviceable spare parts to the tune of Rs. 14,97,52,191/-; in assessment order and upheld in....

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....ble spares is an ongoing exercise in the airline industry. Most of the unserviceable spares are scrapped and replaced with new spares. Therefore, the question of making provision for the repair of replaced unserviceable spares does not ordinarily arise. The correct course of action in such circumstances would be to write off the value of unserviceable spares and write back the value realized on the disposal of such spares, if any. In the event that some unserviceable spares are repaired and put back into service, such expenditure can be claimed on actual basis whenever it is incurred. Alternately, the entire unserviceable spares can be claimed as expense when put out of stock by crediting the unserviceable spares / inventory account (if the....