Income Tax Appeals Tribunal confirmed the disallowance of expenditure due to lack of proof by the assessee, leading to the dismissal of the current appeal.
The appeal against the order confirming disallowance of expenditure is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929
ITA.No. 124 of 2001() --------------------AGAINST THE ORDER DATED MARCH, 2001 IN ITA.944/1991 of I.T.A.TRIBUNAL,COCHIN BENCH
APPELLANT: ASSESSEE
M/S. THE KERALA STATE CIVIL SUPPLIES CORPORATION (SUPPLY CO) MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR COCHIN 682 020 REPRESENTED BY ITS MANAGING DIRECTOR SRI. P.K. MOHANTY.
BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIEN
RESPONDENTS:
THE COMMISSIONER OF INCOME TAX, ERNAKULAM.
BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT SRI.GEORGE K. GEORGE, SC FOR IT
THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ.
I.T.A. No. 124 OF 2001
Dated this the 31st day of January, 2008
JUDGMENT
C.N. Ramachandran Nair,J.
The appeal is filed against Annexure C order of Income-tax Appellate Tribunal confirming disallowance of expenditure of Rs. 79,92,182/- claimed by the assessee. We have heard counsel for the appellant and standing counsel for the respondent. We do not find any question of law arising from the order of the Tribunal because disallowance is confirmed by appellate authorities at two levels including the Tribunal for want of proof of having incurred the expenditure claimed. The Tribunal has specifically stated that inspite of sufficient opportunity given by the assessing officer, the assessee failed to establish to have incurred expenditure during the accounting year relevant for the assessment year 1983-84. The appeal therefore fails and is dismissed.
(C.N.RAMACHANDRAN NAIR) Judge.
(T.R.RAMACHANDRAN NAIR) Judge.
kk
2
2 issues framed by the court
Whether the appeal against disallowance of expenditure should be allowed.
The maintainability of the income tax appeal having no question of law arising.
1 provisions across 1 enactments
the Kerala State Civil Supplies Corporation
the Commissioner of Income Tax, Ernakulam
C.N. Ramachandran Nair
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
