TMI Blog2014 (12) TMI 1201X X X X Extracts X X X X X X X X Extracts X X X X ..... rence of amount of ₹ 1,00,000/- in the AIR information, rather, the detail of amount has been given as ₹ 3,00,000/- on 02.01.08 and ₹ 1.49 lakh on 24.03.08. The issue be restored to the file of the AO for consideration afresh in this respect. - Decided in favour of assessee for statistical purposes. Disallowance on account of partner’s conveyance allowance - Held that:- A.R. has submitted that in fact the amount in question was not the conveyance allowance rather the same was reimbursement of the actual expenses incurred by the partners in the ordinary course of business. It has been further submitted that the firm owns one car only and hence the outside conveyance as and when required was used by the partners. The expe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of an amount of ₹ 4,49,440/- on account of wrong AIR Information in the name of Allied Digital Services Ltd. 3. Disallowance of ₹ 1,80,000/- on account of Partner's Conveyance Allowance On the facts and circumstances of the case, the learned CIT(A) has erred in upholding the disallowance of ₹ 1,80,000/- on account of conveyance allowance without giving any cogent reasons for disallowing said expenses. 4. Disallowance of ₹ 30,510/- on account of Car and Telephone expenses On the facts and circumstances of the case, the learned CIT(A) has erred in upholding the disallowance of ₹ 30,510/- being 1/5th of the expenses of ₹ 1,52,551/- incurred on account of depreciation on car and telephone expens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... however, held that since the assessee had failed to reconcile the receipts from Allied Digital Services Ltd., hence the AO was justified in making the addition. He also observed that the confirmation of ₹ 1,00,000/- did not tally with the dates of receipts mentioned in the AIR information. 5. We have heard the Ld. representatives of both the parties and have also gone through the records. It is the case of the assessee that it had received only ₹ 1,00,000/- from Allied Digital Services Ltd. However, as per the AIR information, the assessee had received ₹ 4,49,440/- from the said party. There is no reference of amount of ₹ 1,00,000/- in the AIR information, rather, the detail of amount has been given as ₹ 3,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) confirmed the said disallowance. 8. We have considered the rival submissions of the Ld. representatives of the parties. The Ld. A.R. has submitted that in fact the amount in question was not the conveyance allowance rather the same was reimbursement of the actual expenses incurred by the partners in the ordinary course of business. It has been further submitted that the firm owns one car only and hence the outside conveyance as and when required was used by the partners. The expenses were very reasonable. On the other hand, the Ld. D.R. has relied upon the findings of the lower authorities. 9. After considering the overall submissions and facts and circumstances of the case, we restore this issue to the file of the AO to ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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