TMI Blog2014 (1) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... urant vs. ITO [2008 (7) TMI 260 - HIMACHAL PRADESH HIGH COURT] - Estimation is a question of fact - Decided against assessee. - Income Tax Appeal No. - 34 of 2009, Income Tax Appeal No. - 42 of 2009 - - - Dated:- 13-1-2014 - Hon'ble Dr. Satish Chandra And Hon'ble Vishnu Chandra Gupta,JJ. For the Appellant : Neerav Chitravanshi For the Respondent : Alok Mathur ORDER Both the Cro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e company itself have power to decide the business needs of the company and fix/enhance the salary of its employees or directors according to the same. 3.Whether under the facts and in the circumstances of the case, learned Tribunal has erred in confirming the dis-allowance of travelling and telephone expenditure made by the learned authorities below in absence of the any material and without ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case are that the assessee is running Medical Diagnostic Centre. The couple namely, Dr. Amar Singh and Smt. Anita Singh, are the Directors of the Company. They have drawn salary of Rs.30,00,000/- and Rs.18,00,000/- per annum respectively. The A.O. found its on higher side. So, the A.O. has allowed the salary of Rs.4,00,000/- to Dr. Amar Singh and Rs.3,00,000/- to Dr. Anita Singh. The remainin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the provisions of 40A(2)(b) of the Income Tax Act on 'estimate basis' for which no reason was given. At the same time, no reason was given for reduction in the salary by the authorities concerned. This exercise (estimation) is a question of fact. Needless to mention that estimation is a question of fact as per the ratio laid down in the following cases: 1.New Plaza Restaurant vs. ITO 309 ITR ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
