IT : Where there was enough material on record enabling Tribunal to decide issues raised in respect of allowance of service charges, matter was to be decided by Tribunal; it should not have remanded same to Assessing Officer
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[2014] 52 taxmann.com 399 (Bombay)
HIGH COURT OF BOMBAY
Coca-Cola India (P.) Ltd.
v.
Assistant Registrar representing Income Tax Appellate Tribunal*
S.C. DHARMADHIKARI AND B.P. COLABAWALLA, JJ.
WRIT PETITION NO. 3650 OF 2014
AUGUST 14, 2014
Section 37(1), read with section 254, of the Income-tax Act, 1961 - Business Expenditure - Allowability of (Power of Tribunal) - Assessment years 1998-99 to 2004-05 - Assessee sought for allowance of service charges that included travelling expenses - Assessing Officer disallowed 10 per cent of said expenditure - On appeal, Commissioner (Appeals) remanded matter to Assessing Officer and called for report on basis of report of Assessing Officer and vouchers, documents etc. placed by assessee, Commissioner (Appeals) concluded that not only disallowance was justified but it should also be enhanced to 25 per cent - Though for immediately preceding assessment year, in similar facts, claim of assessee was allowed by Tribunal, for current year, Tribunal observed that assessee had not furnished details before Assessing Officer except copy of service agreement and debit notes and therefore, without making reference to record available before Commissioner (Appeals), Tribunal remanded matter back to Assessing Officer - Whether since there was enough material on record enabling Tribunal to decide issue, matter was to be restored to file of Tribunal - Held, yes [Paras 18 and 20] [In favour of assessee/Matter remanded]
■■■
[2014] 52 taxmann.com 399 (Bombay)
HIGH COURT OF BOMBAY
Coca-Cola India (P.) Ltd.
v.
Assistant Registrar representing Income Tax Appellate Tribunal*
S.C. DHARMADHIKARI AND B.P. COLABAWALLA, JJ.
WRIT PETITION NO. 3650 OF 2014
AUGUST 14, 2014
Section 37(1), read with section 254, of the Income-tax Act, 1961 - Business Expenditure - Allowability of (Power of Tribunal) - Assessment years 1998-99 to 2004-05 - Assessee sought for allowance of service charges that included travelling expenses - Assessing Officer disallowed 10 per cent of said expenditure - On appeal, Commissioner (Appeals) remanded matter to Assessing Officer and called for report on basis of report of Assessing Officer and vouchers, documents etc. placed by assessee, Commissioner (Appeals) concluded that not only disallowance was justified but it should also be enhanced to 25 per cent - Though for immediately preceding assessment year, in similar facts, claim of assessee was allowed by Tribunal, for current year, Tribunal observed that assessee had not furnished details before Assessing Officer except copy of service agreement and debit notes and therefore, without making reference to record available before Commissioner (Appeals), Tribunal remanded matter back to Assessing Officer - Whether since there was enough material on record enabling Tribunal to decide issue, matter was to be restored to file of Tribunal - Held, yes [Paras 18 and 20] [In favour of assessee/Matter remanded]
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