TMI Blog2015 (12) TMI 1547X X X X Extracts X X X X X X X X Extracts X X X X ..... business during the relevant financial year. All the claims have been duly verified by the AO and in view of this, he deleted the addition. - Decided against revenue - ITA No. 3941/M/2013 - - - Dated:- 11-12-2015 - B. R. Baskaran (Accountant Member) And Sanjay Garg (Judicial Member) For the Assessee : Pradip Kapasi, A.R. For the Revenue : Abhivay Kumbhar, D.R. ORDER Sanjay Garg (Judicial Member) The present appeal has been preferred by the Revenue against the order dated 07.03.2013 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2009-10. 2. The Revenue has taken the following grounds of appeal: 1. On the facts and in the circumstances of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his wife. On examining the monthly usage of telephone/internet by the assessee, the A.O concluded that the assessee had incurred paltry expenses and that it was not possible to generate a turnover of ₹ 7.04 crores based on the incurring of such expenses. The AO also noted that as per transfer pricing report, the number of employees of the assessee concern was 80 but the salary register showed only 52 and observed that the assessee had not been able to prove the technical competence of any of the workers who provided the IT enabled services for civil engineering. The AO also took exception to the expenses incurred by the assessee towards foreign travel, partner's remuneration, depreciation on office premises, purchase of iPhone etc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As regards various expenses the firm has produced various Internet connection bills of MTNL, TATA etc., which has been used for the business. As regards, salary to staff it is seen that the assessee has 2 units one at Mumbai and at Nasik, total strength of the firm in human resource is totaling to about 88 employees. From the details of employees and qualifications, it is seen that the employees are all qualified to do the requisite firms work. Relying upon the remand report of the AO, the Ld. CIT(A) allowed the claim of the assessee observing that the assessee had satisfied the conditions for eligibility to claim exemption under section 10A of the Act. He has observed that the assessee s claim has also been allowed for ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
