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2019 (12) TMI 1205 - AT - Income TaxDisallowance of dividend distribution by the AO - HELD THAT:- As decided in own case [2018 (7) TMI 1876 - ITAT AMRITSAR] we find no basis for the said addition. Even assuming, for the sake of argument, that the dividend distribution tax was indeed payable by the assessee-company, the Revenue can only proceed under law to exact the same. It does not in any manner lead to the inference of any income having accrued to the assessee as a result. Rather, the said tax, where paid, would stand to be debited to its operating statement (P&L A/c) for the year. We decide accordingly. Addition on account of standard loan disallowed by the AO - HELD THAT:- Issue to be decided against revenue as relying on assessee own case [2018 (7) TMI 1876 - ITAT AMRITSAR] Addition on account of losses of fraud committed at main branch, Hoshiarpur and on account of contra entry of interest not decided by the CIT(Appeal) - HELD THAT:- We find that while disallowing the total amount of ₹ 6,00,75,946/-. The AO has also included the amount of ₹ 2.17 crores being provisions made against main branch office of fraud and ₹ 2.58 crores being interest paid to main branch Hoshiarpur without confronting the assessee on this issue. Therefore, we are of the considered opinion that this issue is set aside to the file of the AO for examination and reconsideration of the same after affording a reasonable opportunity of being heard to the assessee. In view of this ground of appeal is set aside to the file of the AO in entirety for reconsideration of the disallowances made. Disallowance of fuel and hire charges debited to the P&L account - HELD THAT:- In the instant case, we find neither of these two conditions being satisfied; the former being in fact incidental in-as-much as a voluntary expenditure, shown to be for the purpose of the assessee’s business, would qualify for deduction. In our considered view, therefore, the impugned expenditure does not meet the test of section 37(1), and stands rightly disallowed by the Revenue. We decide accordingly, and the Revenue succeeds
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