Pushpa Kumari vs. DCIT, Circle-2, Muzaffarpur

Parties Involved

Facts Summary

The appeal filed by Pushpa Kumari pertains to the Assessment Year 2007-08. The assessee filed an income return on 31.03.2008 declaring an income of Rs.6,85,690/-. After scrutiny, the Assessing Officer (AO) issued notices under sections 143(2) and 142(1) of the Income Tax Act. The AO observed that Pushpa Kumari had advanced an interest-free loan of Rs.17,32,000/- to M/s. Pawanpuri Fuel Station and disallowed bank interest of Rs.1,73,077/-. The AO also disallowed excess depreciation of Rs.7,65,882/-. The assessee appealed to the Commissioner of Income-tax (Appeal) (CIT(A)), but failed to provide any documents or explanations, leading to the confirmation of the AO's order by the CIT(A).…

Legal Issues

• 1. Whether the assessee's appeal against the order of the Commissioner of Income-tax (Appeal) is time-barred?
• 2. Whether the disallowance of interest and excess depreciation by the Assessing Officer is justified?

Judgment Outcome

Decided in favour of Assessee.

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