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2018 (5) TMI 249 - AT - Income TaxAddition made on account of disallowance of club membership fee - Held that:- The issue now stands settled by the decision of the Hon'ble Supreme Court in United Glass Manufacturing Co. Ltd. (2012 (9) TMI 914 - SUPREME COURT), wherein held that such expenditure is allowable under section 37(1) of the Act. Accrual of income - Addition made on account of professional income - assessee accounted for such income and offered it to tax in the subsequent assessment year - Held that:- On a perusal of the orders passed by the Co–ordinate Bench in assessee’s own case for assessment years 2009–10, 2010–11 and 2011–12, as referred to above, it is seen that identical issue has been decided in favour of the assessee considering the fact that the assessee has accounted for the income in the assessment year, wherein, the bills were raised and income was received. Moreover, as held by the Hon'ble Supreme Court in case of CIT v/s Excel Industries Ltd. (2013 (10) TMI 324 - SUPREME COURT), when the tax rate applicable in both the years are same there is no loss to the Revenue if the income is assessed in the subsequent assessment year. Addition account of un–reconciled AIR / ITS data - Held that:- The minimum the Assessing Officer could have done is to issue notices under section 133(6) or 131 of the Act to the concerned parties whose identities were available before the Assessing Officer, to ascertain the correct fact. When the assessee has asserted before the Assessing Officer that it has not received any such income, the Assessing Officer is duty bound to make proper enquiry before concluding that the disputed amount was earned by the assessee during the relevant assessment year. Instead of doing that the Assessing Officer has made the addition simply on the basis of AIR information, which, in our view is absolutely incorrect. Addition on account of un reconciled AIR data - Held hat:- As mentioned specific instances why the assessee could not reconcile certain entries in the AIR information, reason being, wrong mention of assessee’s PAN. Thus, the aforesaid facts clearly reveal that the figure shown in the AIR information in reality do not represent assessee’s income. Only on the basis of AIR information no addition can be made. In the case before us this exactly is the factual position. Addition deleted.
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