M/S LION EXPORTS,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WD-5(2), RAJKOT-GUJARAT

ITA 758/RJT/2014Status: DisposedITAT Rajkot15 July 2019AY 2005-066 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal allowed the appeal regarding foreign tour expenses, finding that the Assessing Officer had not disproved the genuineness of the expenses despite evidence. However, it dismissed the appeal concerning the disallowance of transport expenses for non-deduction of TDS, as the assessee failed to substantiate the nature of the payment as reimbursement.

What were the facts?

The Assessing Officer reopened the assessment based on alleged non-deduction of TDS on transport expenses and unsubstantiated foreign tour expenses. The assessee argued that transport expenses were reimbursements and foreign tour expenses were for business purposes with supporting documents provided.

What were the issues?

Whether reassessment proceedings were validly initiated and whether foreign tour expenses and transport expenses were allowable deductions.

Which sections of the Income-tax Act were involved?

Section 148,Section 147,Section 40(a)(ia),Section 194C,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: Shri Mahavir Prasad & Shri Amarjit Singh

For Respondent: Shri Praveen Verma, Sr. D.R

PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

This assessee’s appeal for A.Y. 2005-06, arises from order of the CIT(A)-IV, Rajkot dated 29-10-2014, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.

2.

The assessee has raised following grounds of appeal:- “1. The Ld. CIT(A) erred in law and facts in confirming the re-opening proceedings the assessment U/s. 148 against the statutory provisions. The reassessment proceedings being bad in law need cancellation.

I.T.A No. 758/Rjt/2014 A.Y. 2005-06 Page No 2 M/s. Lion Exports vs. ITO

2.

The Ld. CIT(A) erred in law and facts in confirming re-opening the assessmen

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 148

All 35,022 judgments and leading authorities on Section 148 →

Recent GST High Court judgments

Search GST case law →