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2016 (6) TMI 1326 - AT - Income TaxDisallowance u/s 40(a)(ia) even if the amount has been paid by the assessee - Whether can be applied when payments in respect of which tax is deductible at source has already been made by the assessee to the payee at the time of computing the income chargeable under the head "profits and gains of business or profession" i.e. at the close of the year? - Held that:- We not inclined to interfere with the orders of the authorities below. Hon'ble Punjab & Haryana High Court in the case of M/s PMS Diesels (2015 (5) TMI 617 - PUNJAB & HARYANA HIGH COURT) held that” Provisions of Section 40(a) (ia) of the Ac t would cover amount payable at any time during the accounting year” . The issue is, therefore, covered against the assessee. Addition on account of personal expenses - addition on account of personal expenses, details of the same are noted in the appellate order which were about 25% of the total expenses claimed - Held that:- CIT(Appeals), considering the details of the expenses and submissions of the assessee, restricted the disallowance to 10% on account of telephone, vehicle and running, repair and maintenance, car loan interest and depreciation etc. No arguments have been made before me as to how the disallowance is excessive or not reasonable. Therefore, this ground has no merit, same is accordingly, dismissed. - decided against assessee.
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