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2021 (9) TMI 808 - AT - Income TaxDisallowance of an amount of TDS payable outstanding on 31st March, 2012 was paid within the due date prescribed - HELD THAT:- The assessee is constantly following cash system which is not disputed by the Revenue. In the previous Assessment Years, no additions were made except in Assessment Year 2011-12 which was deleted by the CIT(A). Thus, the Revenue is continuously taking the stand that the TDS payables outstanding are proper. The decision in case of Deloitte [2021 (1) TMI 738 - ITAT DELHI] is apt in the present case as the assessee has paid the said amount within the due date prescribed by the Act. Thus, Ground No. 1 of the assessee’s appeal is allowed. Disallowance of amount being 4/5th of the Electricity expenses - HELD THAT:- After going through the evidences placed before the Assessing Officer, it can be seen that the assessee has given a plausible explanation. AO has made an estimated disallowance which is not supported by any evidence at all. Besides this, the issue contested herein is already decided in favour of the assessee in preceding years upon which the CIT(A) has relied upon in the order. There is no distinguishing facts pointed out by the Ld. DR. Therefore, Ground No. 2 is allowed. Disallowance of interest u/s 40(b) paid to partner of the firm - HELD THAT:- We are restoring the issue to the file of the Assessing Officer to calculate the interest payable to partner as per provisions of section 40(b)(iv) of the Income Tax Act. Needless to say the assessee be given opportunity of hearing by following principles of natural justice. Thus, Ground No. 3 is partly allowed for statistical purpose.
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