TMI Blog2015 (10) TMI 2555X X X X Extracts X X X X X X X X Extracts X X X X ..... tails of the expenditure being available from the relevant bills raised, so that the details of the charges raised qua various services performed or charged for is available, that would yield the basis for a decision with regard to the reasonability thereof, including with reference to the legitimate needs of the assessee’s business, could if at all be taken; in the clear absence of which, the Revenue’s case is no more than an allegation or a surmise. The assessee has rightly relied on the decision in the case of Upper India Publishing House (P.) Ltd. v. CIT, (1978 (12) TMI 2 - SUPREME Court ). We, accordingly, find little merit in the Revenue’s case, and direct the deletion of the impugned disallowance. - Decided in favour of assessee D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessee : Shri P.C. Parwal, CAa For The Revenue : Shri Raj Mehra, JCIT ORDER PER VIKRAM SINGH YADAV:- This is an appeal filed by the assessee against the order of the ld. CIT(A),Alwar dated 11-11-2013 for the assessment year 2008-09 wherein the assessee raised following grounds in its appeal. 1. The ld. CIT(A) has erred in facts and in law in confirming the disallowance of ₹ 8,64,000/- u/s 40A(2)(b) in respect of professional fees. 2. The ld. CIT(A) has erred on facts and in law in confirming the disallowance of ₹ 36,90,200/- made by the AO in computing the book profit u/s 115JB by holding that no evidence has been placed on record by the assessee to counter the finding of AO. 2.1 Brief facts of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 25-05-2012 (ITA No. 950/JP/2011) in assessee's own case for the assessment year 2007-08 and prayed that this ground of appeal should be decided based on ITAT order (supra). 2.4 The ld. DR relied on the orders of the lower authorities. 2.5 We have heard the rival contentions and perused the materials available on record. We have also observed that the AO has followed his own order for the assessment year 2007-08 in making a similar disallowance of payment to M/s. Dhir Dhir Associates. The said matter had since reached the ITAT and Coordinate Bench has decided the issue in favour of the assessee vide its order dated 25-05-2012 by observing as under:- 10. We observe that the case of Revenue is de hors the facts which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is allowed. 3.1 The ground No. 2 of the assessee is regarding confirming the disallowance of ₹ 36,90,200/- u/s 115JB of the Act. The AO observed that assessee company had declared book profit of ₹ 2,13,82,826/- after claim deduction of ₹ 36,90,200/-. The AO, on perusal of profit and loss account as per printed annual report, noted that the amount was classified below the line and secondly it was not an ascertained liability. Therefore, the AO observed that the same is disallowable u/s 115JB(2)(c) of the Act. Consequently, returned book profit of ₹ 2,13,82,826/- had been increased by ₹ 36,90,200/-. 3.2 The ld. CIT(A) had confirmed the addition of ₹ 36,90,200/- to book profits made by the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 I have perused the assessment order and submissions made by the appellant and find that no evidence has been placed on record by the appellant to counter the findings given by the AO. In the absence of any evidence to the contrary, I confirm the disallowance of ₹ 36,90,200/- made by the AO for computation of book profit for the purposes of computing MAT liability under the Act. 3.3 During the course of hearing, the ld.. AR relied on submissions made before the ld. CIT(A) and prayed for deletion of addition u/s 115JB of the Act confirmed by the ld. CIT(A). 3.4 The ld. DR relied on the orders of the lower authorities. 3.5 We have heard the rival contentions and perused the materials available on record. As per the AO, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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