UT Starcom Inc. vs ADIT, Circle-3(1), International Taxation, New Delhi

Parties Involved

Facts Summary

The case pertains to the appeal filed by UT Starcom Inc. against the order of the Commissioner of Income-tax Appeals (CIT(A)) confirming the addition made by the Assessing Officer regarding the claim of material lost in transit amounting to Rs. 2,73,29,510 for Assessment Year 2006-07. The assessee argued that the loss was substantiated by entries in the books of account, the auditor's report, invoices, and case laws. However, the CIT(A) rejected the claim due to the lack of documentary evidence supporting the loss, such as the point of loss, details of complaints, source of information, manner of loss, origin and destination proof, insurance proof, and bill of lading.…

Legal Issues

• 1. Whether the assessee has provided sufficient evidence to substantiate the claim of material lost in transit amounting to Rs. 2,73,29,510.

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

Similar Judgements

• Barendra Nath Dey Vs. ACIT (OSD), Ward 53-1

  Kolkata benchAY 2015-16Allowed

• Mahagun India Pvt Ltd Vs. The A.C.I.T

  Delhi bench

• Deputy Commissioner of Income Tax (International Taxation) vs. Marriott International Inc.

• Kadambini Chaudhry

  Kolkata Bench benchAY 2015-2016Allowed

• Babulal Mishrimalji Mehta vs Income Tax Officer

  SMC Bench, Mumbai benchAY 2019-20Partly Allowed

• Asst. CIT vs. Shapoorji Pallonji Solar Holdings Pvt. Ltd.

  Mumbai benchAY 2021-22Dismissed