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2015 (3) TMI 1266 - ITAT MUMBAIDisallowance of lease payment - Held that:- The ld. Counsel submitted that the lease agreement specifically provides that the computer would be returned back to M/s IBM. He further submitted that the assessee has also obtained a certificate to that effect from M/s IBM. Thus, in our view, the present dispute could be resolved only if a definite finding about the nature of lease is given. We have already noticed that both the authorities have failed to examine the lease agreement which, in our view, is essential. Accordingly, we are of the view that this issue requires fresh examination at the end of the AO. Accordingly, we set aside the order of the AO and restore this issue to the file of the AO/DRP with a direction to decide the same afresh by duly considering the lease agreement, certificate given by the M/s IBM and any other information/explanations that may be furnished by the assessee. Disallowance of employees contribution to Provident Fund - Held that:- As the assessee has paid the amount before the end of the relevant financial year and hence the AO was not justified in disallowing the claim in view of the decisions rendered in the case of CIT V/s Ghatge Patil Transport Ltd [2014 (10) TMI 402 - BOMBAY HIGH COURT] and CIT V/s Hindustan Organics Chemicals Ltd reported in (2014 (7) TMI 477 - BOMBAY HIGH COURT). Rejection of claim for deduction of expenditure relating to reimbursement of deputed staff cost - additional claim by filing revised return of income - Held that:- As in the case of CIT V/s Pruthvi Brokers and Shareholders (P) Ltd (2012 (7) TMI 158 - BOMBAY HIGH COURT ) that appellate authority is entitled to consider the additional claim, if any and adjudicate the same. Accordingly, we are of the view that the claim for deduction put forth by the assessee should be admitted. Further, since the same needs to be examined, we think it fit and proper to restore this issue to the file of the AO with a direction to examine the claim put forth for deduction by the assessee and take appropriate decision in accordance with law.
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