M/s. Trinity Auto Components Ltd., Pune V. Deputy Commissioner of Income-tax,

ITA 727/PUN/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2840 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 31-12-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 11-04-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: MAZHAR AKRAM SHRI MAZHAR AKRAM
• Assessee Lawyers: HARSHKUMAR S SHARMA
• Keywords: Business expenditure; Opportunity of being heard; Bad and doubtful debts
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI PRADIP KUMAR KEDIA , AM . / ITA NO. 727 /PN/201 4 / ASSESSMENT YEAR : 20 08 - 09 M/S. TRINITY AUTO COMPONENTS LTD., GAT NO.1419/2, SHIKRAPUR, TAL SHIRUR, PUNE 412208 . / APPELLANT PAN: AA ACT4157G VS. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE . / RESPONDENT / APPELLANT BY : S HRI HARSHKUMAR S. SHARMA / RESPONDENT BY : SHRI MAZHAR AKRAM / RESPONDENT BY : SHRI MAZHAR AKRAM / DATE OF HEARING : 31 . 1 2 .2015 / DATE OF PR ONOUNCEMENT: 20 . 0 1 .201 6 / ORDER PER SUSHMA CHOWLA, J M : TH IS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF CIT (A) - III , PUNE , DATED 0 1 . 0 1 .20 1 4 RELATING TO ASSESSMENT YEAR 20 08 - 09 AGAINST ORDER PASSED UNDER SECTION 143(3) OF THE INCOME - T AX ACT , 1961 (IN SHORT THE ACT) . 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: - 1) FOR THAT THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) ERRED IN LAW AS WELL AS IN FACTS IN DISALLOWING A SUM OF RS.4,15,020.00 (RS. FOUR LACS FIFTEEN TH OU S AND TWENTY ONLY) U / S. 2(24) (X) READ WITH SECTION 36(VA) OF THE ACT. ITA NO. 727 /PN/20 1 4 M/S. TRINITY AUTO COMPONENTS LTD. 2 2) FOR THAT THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) ERRED IN LAW AS WELL AS IN FACTS IN DISALLOWING A SUM OF RS.15,95,544.00 (RS. FIFTEEN LACS NIN E TY FIVE THOUSAND FIVE HUN DRED FORTY FOUR ONLY) FOR BAD DEBTS U/S.36(1)(VII) IN VIEW OF THE FACTS & CIRCUMSTANCES OF THE CASE NO SUCH DISALLOWANCE WAS AT ALL CALLED FOR, WITHOUT PREJUDICE AND IN ANY CASE THE DISALLOWANCE IS NOT AS PER LAW. 3) FOR THAT THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) ERRED IN LAW AS WELL AS IN FACTS IN DISALLOWING A SUM OF RS.1,12,400.00 (ONE LAC TWELVE THOUSAND FOUR HUNDRED ONLY) FOR TRAVELLING & CONVEYANCE EXPENSES IN VIEW OF THE FACTS & CIRCUMSTANCES OF THE CASE NO SUCH DISALLOWANCE WAS AT ALL CALLED FOR, WITHOUT PREJUDICE AND IN ANY CASE THE DISALLOWANCE IS NOT AS PER LAW. 4) FOR THAT THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) ERRED IN LAW AS WELL AS IN FACTS IN DISALLOWING A SUM OF RS.2,22,107.00 (RS. TWO LAC TWENTY TWO THOUSAND ONE HU NDRED SEVEN ONLY) FOR MISMATCHING OF ITS DATA. 5) FOR THAT THE APPELLANT PRAYS THAT THE DISALLOWANCE OF RS.23,45,071.00 (RS. TWENTY THREE LACS FORTY FIVE THOUSAND SEVENTY ONE ONLY) MADE BE DELETED. 6) THAT THE APPELLANT CRAVES FOR FURTHER GROUNDS OF AP PEAL TO BE SUBMITTED AT THE TIME OF HEARING, GIVEN AN OPPORTUNITY OF BEING HEARD AND LEAVE TO ADD, ALTER AND MODIFY ANY GROUND OF APPEAL AT OR BEFORE THE HEARING OF THE APPEAL. 3. THE ISSUE RAISED IN GROUND OF APPEAL NO.1 BY THE ASSESSEE IS AGAINST THE DI SALLOWANCE OF RS. 4,15,020/ - ON ACCOUNT OF THE ALLEGED LATE PAYMENT OF PF AND ESIC DUES. 4. BRIEFLY, IN THE FACTS OF THE PRESENT CASE, THE ASSESSING OFFICER HAD MADE THE DISALLOWANCE UNDER SECTION 2(24)(X) R.W.S. 36(V A ) OF THE ACT ON ACCOUNT OF EMPLOYEES PROVIDENT FUND AND ESI C BEING NOT DEPOSITED WITHIN DUE DATES. THE BREAK - UP OF THE DEFAULTS MAD E BY THE ASSESSEE IN RESPECT OF PF/ESCIS CONTRIBUTION IS TABULATED UNDER PARA 7 AT PAGE 12 OF THE ASSESSMENT ORDER AND DISALLOWANCE OF RS. 6,24,811/ - WAS MADE BY THE ASSESSING OFFICER, SINCE THE ASSESSEE HAD DEPOSITED THE SAID AMOUNTS AFTER DUE DATE , T HOUGH BEFORE THE DUE DATE OF FILING THE RETURN OF INCOME . ITA NO. 727 /PN/20 1 4 M/S. TRINITY AUTO COMPONENTS LTD. 3 5. THE CIT(A) ALLOWED THE CLAIM OF THE ASSESSEE FOR THE MONTH OF SEPTEMBER, 2007 AMOUNTING TO RS.2,08,339/ - AS THE PAYMENT WAS MADE WITHIN GRACE PERIOD OF FIVE DAYS. HOWEVER, THE BALANCE PAYMENT ON ACCOUNT OF EMPLOYEES PF AND ESCI PAYMENTS BEING MADE BEYOND THE GRACE PERIOD OF FIVE DAYS, WERE DISALLOWED BY THE CIT(A) TO THE EXTENT OF RS.4,15,020/ - . 6. THE A SSESSEE IS IN APPEAL AGAINST THE ORDER OF CIT(A). 7. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT THE AMOUNTS WERE PAID MUCH BEFORE THE DUE DATE OF FILING THE RETURN OF INCOME AND AS PER THE DETAILS AVAILABLE IN THE ASSESSMENT O RDER, THE DATES OF PAYMENT ARE VERY CLEAR AND CONSEQUENTLY, NO MERIT IN THE AFORESAID ADDITION. 8. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE HAS PLACED RELIANCE ON THE ORDER OF CIT(A). 9. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE PERUSAL OF THE DETAILS OF EMPLOYEES PF REFLECT THAT FOR THE MONTH OF JANUARY, 2008, SUM OF RS.2,18,226/ - WAS DUE TO BE PAID BY 20.02.2008, BUT THE SAME WAS DEPOSITED ON 27.02.2008. FURTHER, THE SAID CONTRIBUTION TO EMPLOYEES PF FOR MARCH, 20 08 AMOUNTING TO RS. 1,96,794/ - WAS DUE TO BE DEPOSITED BY 20.04.2008 , BUT WAS DEPOSITED BY 29.04.2008 , HENCE, THE DELAY IN MAKING THE AFORESAID CONTRIBUTION IS PERIOD OF 7 AND 9 DAYS, RESPECTIVELY. IN RESPECT OF EMPLOYEES ESIC CONTRIBUTION FOR THE MONTH O F DECEMBER, 2007, SUM OF RS. 1,452/ - HAD TO BE CONTRIBUTED AND THE DUE DATE WAS 15.01.2008 AND WAS PAID ON 06.08.2008. ADMITTEDLY, ALL THESE AMOUNTS HAVE BEEN PAID BEFORE THE DUE DATE OF FILING THE RETURN OF INCOME. IN THIS REGARD, WE PLACE RELIANCE ON TH E RATIO LAID DOWN BY THE HONBLE SUPREME COURT IN CIT VS. M/S. ALOM EXTRUSIONS ITA NO. 727 /PN/20 1 4 M/S. TRINITY AUTO COMPONENTS LTD. 4 LIMIT E D REPORTED IN 319 ITR 306 (SC) AND FOLLOWING THE SAID RATIO, WE HOLD THAT THE ASSESSEE IS ENTITLED TO THE CLAIM OF DEDUCTION OF RS. 4,15,020/ - I.E. THE CONTRIBUTION TO THE EMPLOYEES PF AND ESCI, WHICH HAS BEEN DEPOSITED BEFORE THE DUE DATE OF FILING THE RETURN OF INCOME. ACCORDINGLY, WE DELETE THE ADDITION OF RS. 4,15,020/ - . THE GROUND OF APPEAL NO.1 RAISED BY THE ASSESSEE IS THUS, ALLOWED. 10. THE ISSUE IN GROUND OF APPE AL NO.2 RAISED BY THE ASSESSEE IS AGAINST THE DISALLOWANCE OF RS. 15,95,544/ - , WHICH WAS CLAIMED AS BAD DEBTS UNDER SECTION 36(1)(VII) OF THE ACT. 11. THE PERUSAL OF THE ASSESSMENT ORDER REFLECTS THAT THE ASSESSING OFFICER HAD NOTED THAT THE ASSESSEE HAD DEBITED SUM OF RS.15,95,544/ - TO THE PROFIT & LOSS ACCOUNT, OUT OF WHICH RS.12,32,212/ - WAS IN RESPECT OF SUNDRY BALANCES WRITTEN OFF AND RS. 3,63,383/ - WAS IN RESPECT OF BAD DEBTS. THE DETAILS OF THE WRITTEN OFF AND RS. 3,63,383/ - WAS IN RESPECT OF BAD DEBTS. THE DETAILS OF THE AMOUNTS WRITTEN OFF WERE SUBMITTED BY THE ASSESSEE AND THE SAME ARE REPRODUCED UNDER PARA 8 AT PAGE 13 OF THE ASSESSMENT ORDER. THE ABOVE SAID AMOUNTS WERE OUTSTANDING FROM 2000 - 01 I.E. RS.12,30,042, FROM 2001 - 02 RS. 2,49,578/ - AND FROM FINANCIAL YEAR 2002 - 03. RS.1,15,924/ - . THE CLAIM OF THE ASSESSEE BEFORE THE ASSESSING OFFICER WAS THAT THE SAID DEBIT BALANCES OF THE RESPECTIVE SUPPLIERS COULD NOT BE RECOVERED INSPITE OF SEVERAL EFFORTS, HENCE, THE SAME WERE WRITTEN OFF. THE ASSESSING OFFICER OBSERVED THAT THOUGH THE ASSESSEE HAD FURNISHED R ELEVANT DETAILS, BUT IT COULD NOT F URNISH ANY EXPLANATION REGARDING THE NEED FOR WRITING OF THE DEBTS IN THE CURRENT YEAR. THE ASSESSING OFFICER PLACED RELIANCE ON THE RATIO LAID DOWN BY THE HONBLE MADRAS HIGH COURT IN SOUTH INDIA SURGICAL CO. LTD., VS. ACIT (2006) 287 ITR 62 (MAD) AND HELD THAT WHERE THE ONUS WAS UPON THE ASSESSEE TO PROVE THAT THE DEBTS COULD NO ITA NO. 727 /PN/20 1 4 M/S. TRINITY AUTO COMPONENTS LTD. 5 LONGER BE COLLECTED AND NEED TO BE WRITTEN OFF, SUM OF RS. 15,95,544 / - C LAIMED AS BAD DEBTS, WAS NOT ALLOWED AND ADDED TO THE TOTAL INCOME. 12. THE CIT(A) UP HELD THE ORDER OF ASSESSING OFFICER OBSERVING THAT THERE WAS NOTHING ON RECORD TO SHOW THAT ALL DEBTORS WERE EITHER FINANCIALLY NOT IN A POSITION TO PAY DEBT OR HAD EVER REFUSED OR EXPRESSED DESIRE NOT TO PAY. THE CIT(A) REFERRING TO THE DECISION OF HONB LE SUPREME COURT IN TRF LTD. VS. CIT REPORTED IN 190 TAXMANN 391 (SC) , OBSERVED THAT THE HONBLE SUPREME COURT IN THE SAID CASE HAD HELD THAT IT IS ENOUGH IF THE BAD DEBT IS WRITTEN OFF AS IRRECOVERABLE IN THE ACCOUNTS OF THE ASSESSEE. THE CIT(A) WAS OF T HE VIEW THAT IT WAS ONLY THE BAD DEBT WHICH COULD BE WRITTEN OFF AS IRRECOVERABLE IN THE BOOKS OF ACCOUNT AND NOT ANY DEBT. HE NOTED THAT THOUGH AFTER THE AMENDMENT, THE ASSESSING OFFICER COULD NOT QUESTION THE YEAR IN WHICH DEBT HAD BECOME BAD, ONCE THE ASSESSEE HAD EXERCISE D ITS OPTION , BUT ONLY BAD DEBTS COULD BE WRITTEN OFF IN THE BOOKS OF ACCOUNT. OFF IN THE BOOKS OF ACCOUNT. 13. THE ASSESSEE IS IN APPEAL AGAINST THE AFORESAID OBSERVATIONS OF CIT(A). 14. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT THE HONBLE SUPREME COURT IN TRF LTD. VS. CIT (SUPRA) HAD LAID DOWN THE PROPOSITION THAT IT WAS NOT NECESSARY FOR THE TAX PAYER TO ESTABLISH THAT THE DEBT INFACT HAD BECOME IRRECOVERABLE, IT WAS ENOUGH IF THE BAD DEBT WAS WRITTEN OFF AS IRRECOVERABLE IN TH E BOOKS OF ACCOUNT. 15. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE ON THE OTHER HAND, PLACED RELIANCE ON THE ORDER OF CIT(A). ITA NO. 727 /PN/20 1 4 M/S. TRINITY AUTO COMPONENTS LTD. 6 16. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE ASSESSEE VIDE THE PRESENT GROUND OF APPEAL HAS CHALLENGED THE ADDITION MADE ON ACCOUNT OF DISALLOWANCE OF DEDUCTION CLAIMED UNDER SECTION 36(1)(VII) OF THE ACT AMOUNTING TO RS.15,95,544/ - . THE PERUSAL OF THE DETAILS FILED BY THE ASSESSEE BEFORE THE AUTHORITIES BELOW REFLECT THAT THE ASSESSEE HAD WRIT TEN OFF CERTAIN BAD DEBTS AND SUNDRY BALANCES OUTSTANDING FOR THE PAST SEVERAL YEARS, SINCE THE SAID AMOUNTS COULD NOT BE RECOVERED FROM THE RESPECTIVE PARTIES , DESPITE VARIOUS EFFORTS OF THE ASSESSEE. THE HONBLE SUPREME COURT IN TRF LTD. VS. CIT (SUPRA) HAS LAID DOWN THE PROPOSITION THAT WHERE THE ASSESSEE IS OF THE VIEW THAT THE DEBT HAD BECOME IRRECOVERABLE, IT WAS ENOUGH IF THE BAD DEBT IS WRITTEN OFF AS IRRECOVERABLE IN THE ACCOUNTS OF THE ASSESSEE. UNDOUBTEDLY, IT IS THE BAD DEBT WRITTEN OFF, WHICH ARE ALLOWED AS DEDUCTION UNDER SECTION 36(1)(VII) OF THE ACT. THE ASSESSING OFFICER HAD DISALLOWED THE CLAIM OF THE ASSESSEE ON THE GROUND THAT THE ONUS WAS UPON THE ASSESSEE TO PROVE THAT THE DEBTS CAN NO LONGER BE COLLECTED AND NEED TO BE WRITTEN OFF. THE CIT(A) WAS ALSO OF THE VIEW THAT ONLY THE DEBTS WHICH HAD BECOME BAD HAD TO BE WRITTEN OFF. WE FIND NO MERIT IN THE OBSERVATIONS OF THE AUTHORITIES BELOW IN THIS REGARD. THE YEAR UNDER APPEAL BEFORE US IS ASSESSMENT YEAR 2008 - 09 , THE ASSESSEE HAS WR ITTEN OFF THE SUNDRY BALANCES WHICH W ERE OUTSTANDING SINCE FINANCIAL YEAR 2000 - 01 , TOTALING RS.12,30,042/ - AND FURTHER OUTSTANDING SINCE 2001 - 02 AND 2002 - 03 AMOUNTING TO RS. 2,49,578/ - AND RS.1,15,923/ - RESPECTIVELY. THE CLAIM OF THE ASSESSEE BEFORE THE AU THORITIES BELOW WAS THAT AMOUNTS COULD NOT BE RECOVERED FROM THE RESPECTIVE PARTIES, DESPITE SEVERAL EFFORTS. WHERE THE ASSESSEE HAS NOT BEEN ABLE TO RECOVER THE AMOUNTS FOR SUCH LONG PERIOD, THE SAID DEBT HAS BECOME BAD IN THE HANDS OF ASSESSEE AND THE S AME WAS WRITTEN OFF IN THE BOOKS OF ACCOUNT . S UCH WRITING OFF OF BAD DEBT IS DULY ALLOWABLE AS DEDUCTION IN THE HANDS OF THE ASSESSEE. ACCORDINGLY, WE DIRECT THE ASSESSING ITA NO. 727 /PN/20 1 4 M/S. TRINITY AUTO COMPONENTS LTD. 7 OFFICER TO DELETE THE ADDITION OF RS. 15,95,544/ - . THE GROUND OF APPEAL NO.2 RAISE D BY THE ASSESSEE IS THUS, ALLOWED. 17. THE ISSUE IN GROUND OF APPEAL NO.3 RAISED BY THE ASSESSEE IS WITH REGARD TO DISALLOWANCE OF SUM OF RS. 1,12,400/ - , OUT OF TRAVELLING AND CONVEYANCE EXPENSES. 18. BRIEFLY, IN THE FACTS RELATING TO THE ISSUE, THE ASSE SSEE FOR THE YEAR UNDER CONSIDERATION HAD CLAIMED TRAVELLING EXPENSES OF RS.20,38,691/ - UNDER THE HEAD INCLUDED TRAVELLING, CONVEYANCE AND VEHICLE EXPENSES. THE ASSESSEE WAS ASKED TO JUSTIFY THE INCREASE IN THE SAID EXPENSES WHEN COMPARED TO LAST YEAR. T HE ASSESSEE PRODUCED THE LEDGER EXTRACT OF THE EXPENSES , H OWEVER, DID NOT FURNISH ANY EXPLANATION REGARDING THE INCREASE IN EXPENSES. THE ASSESSING OFFICER FURTHER HELD THAT THE PERSONAL ELEMENT IN THE SAID EXPENDITURE COULD NOT BE RULED OUT AND HENCE, 20 % OF THE SAID EXPENDITURE WAS DISALLOWED COULD NOT BE RULED OUT AND HENCE, 20 % OF THE SAID EXPENDITURE WAS DISALLOWED AT RS. 4,07,738/ - . 19. THE CIT(A) RESTRICTED THE DISALLOWANCE TO 10% OF THE TOTAL EXPENDITURE. THE PLEA OF THE ASSESSEE WAS THAT IT HAD PAID FRINGE BENEFITS ON CONVEYANCE, TOURS AND TRAVELS AND RUNNING AND MAINTENA NCE OF MOTOR CAR AND THEREFORE, NO PERSONAL ELEMENT IN THE SAID EXPENDITURE, WAS NOT ACCEPTED BY THE CIT(A). THE CIT(A) ON PERUSAL OF DETAILS WAS OF THE VIEW THAT THERE WAS NO JUSTIFICATION FOR THE DISALLOWANCE MADE BY THE ASSESSING OFFICER OUT OF TH E S E E XPENDITURE, BUT HE HELD THAT THE ONLY AREA WHERE THE ASSESSEE COULD NOT ADEQUATELY JUSTIFY THE NATURE OF EXPENDITURE PERTAINED TO VEHICLES, WHICH WAS CLAIMED AS RS. 11,24,461/ - . THE CIT(A) NOTED THAT SINCE THE DETAILS WERE NOT APPARENTLY MAINTAINED AND PRO DUCED FOR VERIFICATION, IT COULD NOT BE CONCLUDED THAT THE ITA NO. 727 /PN/20 1 4 M/S. TRINITY AUTO COMPONENTS LTD. 8 EXPENDITURE WAS INCURRED FOR THE PURPOSE OF BUSINESS IRRESPECTIVE OF THE CONTENTION OF THE ASSESSEE THAT SUCH EXPENDITURE WAS SUBJECTED TO FBT. ACCORDINGLY, 10% OF THE SAID EXPENDITURE WAS DISALLO WED IN THE HANDS OF THE ASSESSEE AMOUNTING TO RS.1,12,400/ - . 20. THE ASSESSEE IS IN APPEAL AGAINST THE ORDER OF CIT(A) AND POINTED OUT THAT THERE IS NO MERIT IN THE AFORESAID DISALLOWANCE IN THE HANDS OF ASSESSEE COMPANY. 21. THE LEARNED DEPARTMENTAL REP RESENTATIVE FOR THE REVENUE HAS PLACED RELIANCE ON THE ORDERS OF AUTHORIZES BELOW. 22. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE ASSESSEE BEFORE US IS A LIMITED COMPANY AND HAD BOOKED EXPENDITURE OF RS.11,24,461/ - ON ACCOUNT OF VEHI CLE EXPENSES, IN ADDITION TO THE EXPENDITURE BOOKED ON ACCOUNT OF TRAVELLING AND CONVEYANCE EXPENDITURE. THE ASSESSING OFFICER HAD DISALLOWED 20% OUT OF TOTAL EXPENDITURE UNDER TRAVELLING, CONVEYANCE AND VEHICLE TOTALING RS. 20,38,691/ - RESULTING IN AN ADD ITION OF RS.4,07,738/ - . HOWEVER, THE CIT(A) ALLOWED THE CLAIM OF THE ASSESSEE IN RESPECT OF TRAVELLING AND CONVEYANCE EXPENSES, BUT RESTRICTED THE DISALLOWANCE TO 10% ON VEHICLE EXPENSES ON THE PREMISE THAT IT COULD NOT BE CONCLUDED THAT THE ENTIRE EXPENS ES HAD BEEN INCURRED WHOLLY AND EXCLUSIVELY FOR THE PURPOSE OF BUSINESS. WE FIND NO MERIT IN THE AFORESAID FINDING OF CIT(A), WHERE THE ASSESSEE WAS A LIMITED COMPANY AND NO DISALLOWANCE COULD BE MADE FOR NON - BUSINESS PURPOSE IN THE HANDS OF LIMITED COMPA NY. EVEN OTHERWISE, THE ASSESSEE HAD PAID THE FRINGE BENEFIT TAX ON THE AFORESAID EXPENDITURE BOOKED AS VEHICLE EXPENSES AND OUT OF SUCH BUSINESS EXPENSES ON WHICH FBT TAX HAD ITA NO. 727 /PN/20 1 4 M/S. TRINITY AUTO COMPONENTS LTD. 9 BEEN PAID, NO DISALLOWANCE FOR PERSONAL USE CAN BE WARRANTED. ACCORDINGLY, WE ALLOW THE CLAIM OF THE ASSESSEE. THE GROUND OF APPEAL NO.3 RAISED BY THE ASSESSEE IS THUS, ALLOWED. 23. THE GROUND OF APPEAL NO.4 RAISED BY THE ASSESSEE IS NOT PRESSED, HENCE, THE SAME IS DISMISSED AS NOT PRESSED. THE GROUND OF APPEAL NO.5 RAISED IS GENERAL, HENCE, DISMISSED. 24 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED ON THIS 20 TH DAY OF JANUARY , 201 6 . SD/ - SD/ - (PRADIP KUMAR KEDIA) (SUSHMA CHOW LA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 20 TH JANUARY , 201 6 . / PUNE ; DATED : 20 JANUARY , 201 6 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APP ELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT (A) - III , PUNE ; 4. / THE CIT - I V , PUNE ; 5. , , / DR A , ITAT, PUNE; 6. / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE