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TMI Blog2017 (2) TMI 681X X X X Extracts X X X X X X X X Extracts X X X X ..... ce parties on the ground that TDS should have been deducted from this amount even when the provisions of deduction of TDS were not applicable in this case. Accordingly the reasonable and genuine commission of Rs. 4,40,820/- deserves to be allowed and the disallowance made by the AO deserves to be deleted. (ii) That under the facts and circumstances of the case, the ld. CIT(A). Alwar erred in sustaining the addition of FDR interest income of Rs. 4,35,333/- even when the interest income stands already taxed and sustenance of this addition has resulted in double taxation. Accordingly the addition of Rs. 4,35,333/- deserves to be deleted. (iii) That under the facts and circumstances of the case, the ld. CIT(A). Alwar erred in sustaining t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een assessed by the AO as interest income not declared. The appellant has stated that there was no FDR with the bank other than the margin money as per the Balance Sheet of the appellant and the AO has imaginarily calculated the interest income of Rs. 4,35,333/-. It was further submitted that as far as the difference of interest income as per Form 16A and as shown in Profit and Loss account is concerned, it is submitted that total interest of Rs. 34,96,515/- earned from bank has been shown in the Profit and loss account over a period of seven financial years i.e. FY 2006-07 to FY 2012-13 as against Rs. 34,01,526/- as per Form No. 16A/Form 26AS. Hence an excess interest of Rs. 94,989/- has been accounted for during these financial years. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding that most of these payments claimed as bad debts have been shown in the books as excess payment made for purchase of consumable stores, freight outwards, staff advance etc. It is thus not in dispute that these excess payments are towards various expenditure pertaining to the business of the appellant and thus the test of business expediency is satisfied. Further, the same have been written off in the books of accounts during the year under consideration. In our view, such written off of sundry business advances are in the course of carrying on the business of the assessee and are allowable in the hands of the assessee. The ground of appeal is thus allowed. In the result the appeal filed by the assessee is partly allowed. Order prono ..... X X X X Extracts X X X X X X X X Extracts X X X X
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