GUJARAT STATE ELECTRICITY CORPORATION LIMITED,,VADODARA vs. THE ACIT, CIRCLE-1(1)(1), , VADODARA

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ITA 327/AHD/2020Status: DisposedITAT Ahmedabad11 December 2024AY 2016-17Bench: SHRI T.R. SENTHIL KUMAR (Judicial Member), SHRI MAKARAND V. MAHADEOKAR (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The assessee provided a detailed categorization of the miscellaneous losses written off, including shortages, pilferage, obsolescence, sale of scrap, intangible assets, bad debts, and sale of fixed assets. The tribunal is now to adjudicate this omitted ground.

What were the facts?

The Assessing Officer disallowed Rs. 2.09 crores claimed as miscellaneous losses written off due to insufficient substantiation. The CIT(A) upheld this disallowance. The appeal was recalled to adjudicate Ground No. 4, which pertained to this disallowance.

What were the issues?

Whether the disallowance of miscellaneous losses written off is justified when the assessee has provided a detailed breakdown of such losses.

Which sections of the Income-tax Act were involved?

Section 37

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “ D ” BENCH, AHMEDABAD

Before: SHRI T.R. SENTHIL KUMAR & SHRI MAKARAND V. MAHADEOKAR

For Appellant: Shri Manish J. Shah &, Shri Rushin Patel, ARs
Hearing: 18/09/2024Pronounced: 11/12/2024

Year : 2016-17 Gujarat State Electricity The Asst.Commissioner of बनाम/ Corporation Ltd. Income Tax v/s. Sardar Patel Vidyut Bhavan Circle-1(1)(1) Race Course Circle Vadodara Alkapuri Vadodara – 390 007 �थायी लेखा सं./PAN: AAACG 6864 F (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee by : Shri Manish J. Shah & Shri Rushin Patel, ARs Revenue by : Shri Prathvi Raj Meena, CIT-DR सुनवाई की तारीख/Date of Hearing : 18/09/2024 घोषणा की तारीख /Date of Pronouncement: 11/12/2024 आदेश/O R D E R

PER MAKARAND V. MAHADEOKAR, AM:

1.

This matter has been recalled pursuant to the order of the Co-ordinate Bench dated 04.04.2024 in M.A. No. 104/Ahd/2023, filed in connection with for the Assessment Year 2016-17. The Co-ordinate Bench, in its original order dated 19.09.2023, disposed of the appeal filed by the assessee. However, it was subsequently observed that Ground No.4 pertaining to the disallowance of miscellaneous losses amounting to Rs.2.09 crores was not adjudicated in the original order due to inadvertence.

2 Accordingly, this matter has been recalled for the limited purpose of adjudicating the omitted Ground No.4.

2.

The Ground No. 4 of the assessee is re-produced here – “4.0 The learned Commissioner of Income Tax (Appeals) erred in law and on facts has confirmed the disallowance of Expenses relating to Miscellaneous losses written off amounting to Rs.2,09,74,000/- on the ground that the appellant did not substantiate the nature of expenses.”

3.

The brief facts are that the AO disallowed an amount of Rs.2,09,74,000/- claimed by the assessee as miscellaneous losses written off, citing insufficient substantiation of the nature of these expenses. The AO observed that the claim was based on general particulars without supporting documentary evidence and there was no corroborative material provided to substantiate the claim. The CIT(A) upheld this disallowance on similar grounds.

4.

During the course of the hearing before us, the Authorized Representative (AR) of the assessee pointed out the submission made by the assessee during the course of appellate proceedings. The assessee's submission categorized the "Miscellaneous Losses Written Off" into specific heads as detailed below:

• Shortages on Physical Verification of Material Stocks: Rs.9,16,381.52. • Loss of Materials by Pilferage: Rs. 84,188.29. • Loss on Obsolescence of Fixed Assets: Rs.2,56,376.12. • Loss on Sale of Scrap: Rs.1,42,10,739.50. • Write-off of Intangible Assets: Rs.19,57,676.00. • Bad Debts Written Off: Rs.22,50,000.00. • Small & Low-Value Items Written Off: Rs.3,01,799.60. • Write-off of WDV of Scrapped Assets: Rs.45,789.39. • Loss on Sale of Fixed Assets: Rs.9,50,884.21.

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