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2021 (7) TMI 405 - AT - Income TaxDisallowance on account of unproved capital - CIT-A deleted the addition - CIT(A) observed that all the capital introduced by the partners has been received from the sister concern through cheques - HELD THAT:- CIT(A) observed that all the capital introduced by the partners has been received from the sister concern through cheques being the total of outstanding capital balance of the partners in the books of the assessee was deleted by ld CIT(A). We note that Hon`ble High Court of Madras As in the case of Smt. B. Jayalakshmi, [2018 (8) TMI 208 - MADRAS HIGH COURT] held that where Commissioner (Appeals) on basis of remand report of Assessing Officer, allowed claim of assessee, revenue was not entitled to maintain an appeal before Tribunal against said order of Commissioner (Appeals). That being so, we decline to interfere with the order of Id. CIT(A) in deleting the aforesaid additions. His order on this addition is, therefore, upheld and the grounds of appeal of the Revenue are dismissed. Disallowance on account of unproved sundry creditors - CIT-A deleted the addition - HELD THAT:- As gone through the reconciliation of sundry creditors and note that the said reconciliation of sundry creditors was not examined by the ld.Assessing Officer during assessment stage. Therefore, we are of the view that said reconciliation chart of sundry creditors should be verified by ld.Assessing Officer. Therefore, we remit this issue back to the file of the assessing officer with the direction to verify the above reconciliation of creditors and allow the claim of the assessee in accordance with law. Additional ground raised by the Revenue is allowed for statistical purposes.
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