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Judgment
This assessee's appeal for assessment year 2013-14, arises against the Ld. Commissioner of Income Tax(Appeals)-30, New Delhi's, order in Appeal No. Appeal No.: 10022/2016-17, dated 08.06.2022 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').
Heard both the parties. Case file perused.
For the reasons stated in the assessee's/Revenue's condonation averments, delay of 1336 days in filing of the instant appeal is condoned in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC).
The assessee’s sole substantive issue is that both the learned Lower appellate authorities have disallowed his claims involving business expenditure amounting to Rs.30,50,518/- in assessment order as upheld in the lower appellate discussion.
That being the case, the learned departmental representative vehemently argues that given the fact that the assessee does not appear to have carried out any actual business in the relevant previous year, it is not entitled to claim the impugned expenditure that has rightly disallowed in lower appellate discussion. He could hardly dispute that the assessee’s impugned claim(s) involves basic administrative and routine expenses like staff salary and other heads which could not be altogether held as not allowable although it has not been able to plead and prove the same to entire satisfaction of the both the learned lower authorities.
Faced with this situation, it is deemed appropriate to disallow a lump sum amount of Rs.3 lakhs only in the assessee’s hands as just and proper with a rider that the same shall not be treated as precedent. The assessee gets relief of Rs.27,50,518/- in other words. Necessary computation shall follow as per law.
The assessee’s appeal is partly allowed.