Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (10) TMI 991 - AT - Income TaxDisallowance of salary paid to whole time Director - HELD THAT:- In earlier Assessment Year, the services provided by the whole Time director was not discussed is not correct as the Tribunal has discussed the same in the findings. Besides the factual aspect in the present year has not changed which is established by assessee from the records. In fact, para 6.1 of the TPO’s order the role and responsibilities of the Director was submitted by the assessee. The minutes of meetings were also submitted by the assessee. Therefore, the assessee demonstrated the services provided by the Whole Time Director. Thus, issue is identical in the present year as well. Hence, Ground No. 5 is allowed. Disallowance on account of allocation of expenses between exempt and non-exempt units - HELD THAT:- In the present assessment year as well the Assessing Officer/TPO/DRP could not bring any material on record or not pointed out any inaccuracy as to the method of allocation adopted by the assessee company. Thus, the issue is identical in the present year as well. Ground No. 6 is allowed. Addition on account of CSR - HELD THAT:- Insertion of Explanation 2 to section 37(1) is applicable w.e.f. 1.4.2015 and thus, the said provision will not be applicable in the present case. There is no dispute that the expenses in question are not incurred under the statutory obligation. The Assessing Officer disallowed the claim of CSR expenses without disputing the factual matrix or bringing on record any adverse material which can be seen from the Assessment Order. Thus, this disallowance does not survive Disallowance on account of difference in total receipts and Form 26AS - HELD THAT:- From the perusal of the records it is appropriate in the present Assessment Year as well to remand back this issue to the file of the Assessing Officer for proper adjudication. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice
|