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2019 (4) TMI 1807 - BOMBAY HIGH COURTDisallowance in assessment u/s 158BC - undisclosed income determined by the Assessing Officer by disallowing commission payment - HELD THAT:- AO made several disallowances of various expenditures such as commission payment, transportation charges etc. The Tribunal, by the impugned Judgment, held that all these expenses were already recorded in the Assessee’s books of accounts and that therefore the same should not be subject-matter of disallowance in assessment u/s 158BC of the Act. If the Assessing Officer wanted to disallow the same, he had to do the same in normal assessment. The Tribunal additionally examined evidence on record and came to the conclusion that even otherwise, the disallowances were not justified. Tribunal noted that the disallowances are based only on statements of the Assessee which were not corroborated by any evidence on record. The Tribunal examined every disallowance minutely with reference to the materials on record and held that the disallowances were totally unjustified. No question of law arises
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