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2015 (8) TMI 128 - ITAT LUCKNOWCredit of brought forward losses - whether CIT(A)erred in not allowing the additional ground of the appellant for giving credit of brought forward losses? - Held that:- As for assessment year 2004-05, 2006-07 and 2007-08, the return of income was filed by the assessee within due date prescribed u/s 139(1) and the assessment was completed by the Assessing Officer at a loss of ₹ 16.14 lac, ₹ 11.56 lac and ₹ 159.56 lac respectively and these losses were not set off in assessment year 2008-09 and therefore, losses of these are year are eligible for set off in the present year if there was no set off in A.Y. 2005 – 06 of the loss for A.Y. 2004 – 05. The assessment order for assessment year 2005-06 is not available and therefore, this is necessary to find out as to what was the assessed income in that year although the return of income was filed within the due date for this year also and if it is found that there was any loss assessed in that year, such loss should also be eligible for set off in the present year. We we feel that the order of CIT(A) is not sustainable but at the same time, the issue has to go back to the file of the Assessing Officer for fresh decision after finding out the outcome of the assessment in assessment year 2005-06. - Decided in favour of assessee for statistical purposes. Payment of salary by transfer to UP Cooperative Union - deputed persons / supervisors - Non deduction of TDS - Held that:- From the Para from the order of CIT(A), we find that a clear finding has been given by him that the payment of salary by transfer to UP Cooperative Union of ₹ 1,75,000/- each in the case of 3 supervisors is without deduction of TDS and so is the case with other supervisors to whom part of the salary is disbursed by the assessee and part is transferred to UP Cooperative Union for statutory dues. This finding is also given that there is no evidence of any claim of deduction under section 80C of the Act which could have reduced the income to below taxable limit. Hence, it is seen that the TDS was deductible and since it was not done by the assessee, the disallowance made by Assessing Officer and confirmed by CIT(A) is proper.- Decided against assessee. Disallowance of professional charges paid to Shri R.K. Nigam - Non deduction of TDS - Held that:- From the the order of CIT(A), we find that the claim of the assessee is regarding payment of ₹ 94,234/- including the amount of ₹ 36,233/- for reimbursement of expenses. This is by now a settled position of law that if the bill raised for reimbursement of expenses is separate and the bill for service charges is raised separately then there may be case of no deduction of TDS from the reimbursement but the assessee could not produce details that the bills for service charges was raised separately and the claim for reimbursement of expenses was made separately. In the absence of separate bill, composite amount has to be considered for TDS purposes and under these facts, we do not find any reason to interfere in the order of learned CIT(A).- Decided against assessee. Computing the taxable income - Whether profit was inclusive of reversal of NPAs provisions? - Held that:- The matter should go to the file of the Assessing Officer for fresh decision after examining this aspect as to whether the write back of the provision in the present year is out of provision of which year and whether the provision in the respective year was allowed or not and if it is found that the provision in the year of creation of provision was disallowed then the reversal of the provision in the present year should not be taxed and this should be excluded from the profit as per profit & loss account. - Decided in favour of assessee for statistical purposes.
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