THE INDIAN STEEL & WIRE PRODUCTS LTD.,KOLKATA vs. D.C.I.T., CIRCLE-1(2), KOLKATA, KOLKATA

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ITA 2147/KOL/2016Status: DisposedITAT Kolkata15 June 2018AY 2011-123 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the income from the sale of scrap items was accepted as business income, the write-off of the remaining scrap assets should also be allowed as revenue expenditure. The Tribunal found no reason to disallow the write-off as revenue expenditure.

What were the facts?

The assessee claimed a deduction for assets written off amounting to ₹17,06,434/-. The Assessing Officer disallowed this claim for lack of supporting evidence, a view upheld by the CIT(A). The assessee contended that these assets were declared as scrap and written off, with the sale proceeds included in scrap sales.

What were the issues?

Whether the write-off of assets declared as scrap, with sale proceeds already assessed as business income, is allowable as revenue expenditure.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA

Before: Shri S.S.Godara & Shri, M. Balaganesh

O R D E R

PER S.S.Godara, Judicial Member:

1.

- This assessee’s appeal for assessment year 2011-12 arises against Commissioner of Income Tax (Appeals)-1, Kolkata’s order dated 29.08.2016 passed in case No.147/citaaaa-1/Cir-1(2)/2014-15, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’.

2.

The assessee’s sole substantive grievance pleaded in the instant appeal challenges of correctness of both the lower authorities action disallowing its asset written off claim amounting to ₹17,06,434/-. The CIT(A)’s discussion on the instant issue reads as follows:- “Ground No.4: This ground relates to the disallowance of an amount of Rs.17,06,434/-- by the AO under the Assets written off The AO has dealt with this issue in the assessment order as under: Assets written off. The assessee company in its P//L. A/c debited an amount of Rs.17,06,434/- under head operation and other expenses’ sub head ‘assets written off.’ The assessee was asked submit the details of assets The Indian Steel & Wire Products Ltd vs. DCIT, Cir-1(2), Kol. Page 2 written of with evidence. The A/R appeared on 21.03.2014 but failed to submit any detail and supporting evidence in this regard. Thus, the said amount of Rs.1706433.87/- is liable to be disallowed being capital loss in absence of supporting documents and added back to the total income of the assessee.” The appellant’s AR has made written submissions as under: “The asset were declared as scrap and written off in P/L account of Rs.17,06,434/-. Same has been appeared in P/L account included in scrap sale in refer Schedule 3 forming part of P/L account. Hence debit and credit both accounted for during the year and auditor accepted the same accounting.” I have considered the material before me. The AO held that the appellant’s AR was unable to submit any details and supporting evidence to substantiate the amount of Rs.17,06,434/- written-off a under head, “Operation and Other Expenses.”The appellant’s AR in the written submission has claimed that the asset written off” pertained to the assets scrapped, which was reflected in Schedule 3 to the Profit & Loss account. Its found that the appellant was unable to discharge its onus to substantiate its claim either during the assessment or appellate proceedings and has reiterated the earlier contentions. In view thereof, I am of the opinion that there is no infirmity in the finding of the AO. Therefore, the disallowance made by the AO of Rs.17,06,434/- is confirmed. This ground is not allowed.”

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