COMMERCIAL AUTO SALES PVT.LTD,ALLAHABAD vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2, ALLAHABAD

ITA 17/ALLD/2020Status: DisposedITAT Allahabad14 October 2021AY 2012-138 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal dismissed the ground related to the loss on sale of vehicles as the assessee conceded it was not legally tenable. For the rent paid to the director, the Tribunal found that the CIT(A) did not comply with principles of natural justice and remanded the matter for fresh adjudication.

What were the facts?

The assessee claimed rent paid to a director and loss on sale of a vehicle. The Assessing Officer made additions for these claims. The CIT(A) upheld the rent addition and the loss on sale of vehicle addition, but deleted an ad-hoc addition on new vehicle expenses.

What were the issues?

Whether the disallowance of rent paid to a director for a camp office-cum-residence was justified, and whether the loss on sale of a vehicle was a deductible business expense.

Which sections of the Income-tax Act were involved?

Section 32(1)(iii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ALLAHABAD BENCH, ALLAHABAD

Before: SHRI.VIJAY PAL RAO & SHRI RAMIT KOCHAR

For Appellant: Shri Ashish Bansal, Advocate
For Respondent: Shri A. K. Singh,Sr. DR
Pronounced: 14.10

PER SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER:

This appeal, filed by assessee, being ITA No. 17/Alld/2020, is directed against an appellate order dated 19.11.2019 in Appeal No. CIT(A), Allahabad / 10883/ 2015-16 passed by learned Commissioner of Income Tax (Appeals), Allahabad(hereinafter called "the CIT(A)"),for assessment year(ay):2012-13, the appellate proceedings had arisen before learned CIT(A) from assessment order Assessment Year: 2012-13 Commercial Auto Sales Private Limited dated 31.03.2015 passed by learned Assessing Officer (hereinafter called "the AO") u/s. 143(3) of the Income

The order continues below.

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