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Jawaharlal Nehru Shekshanik And Samajik Sansthan vs. Exemption
The authenticity of unsigned financial statements cannot be established. In other
words, credibility of Form 10B is also questionable.
4.7 Moreover, the appellant has not provided any explanation or supporting
evidences end relation to capital expenditure disallowances as contemplated by
the learned AO during the assessment proceedings as well as during the
appellate proceedings. Thereby failing to discharge its primary onus of submitting
explanation and documentary evidences end relation to own claim. Therefore, the
claim of appellant is not maintainable at all.
- Assessee, during assessment proceedings itself filed duly signed copy of
Financial Statements (of which unsigned copy was earlier filed inadvertently),
which duly matched with segment wise Financial Statements, duly signed, which
were filed before ld.AO, therefore credibility of Audit Report is proved beyond
doubt.
Further, with regard to the non-filing of details related to capital expenditure is
concerned, it is submitted that the books of accounts of the Sansthan are duly audited
by a firm of chartered accountant and the necessary report in form 10B was also filed
wherein no adverse comments was mentioned by the auditor with respect to the capital
expenditure incurred during the year. Also, an application u/r 29 of the Income Tax
Jawaharlal Nehru Shekshanik And Samajik Sansthan vs. Exemption
(Appellate Tribunal) Rules, 1963 is being submitted containing the details of capital
expenditure incurred which could not be submitted before the lower authorities
considering that the issue was related to non-filing / late filing of audit report in form 10B
and as a consequence the details of capital expenditure which was available and
verified by the auditor during the course of issuing the audit report could not be
submitted.