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Shri Neelesh H. Agrawal Versus The ACIT, Circle-12, Ahmedabad

2017 (12) TMI 528 - ITAT AHMEDABAD

Non deduction of tds - addition u/s 40(a)(ia) - Held that:- Now it has been settled that if the recipients have accounted the receipts, which have been disallowed in the hands of the payer on account of non-deduction of tax, and the same has been included in their taxable income, then no disallowance is to be made in the hands of the payer. Considering this aspect, set aside this issue to the file of the Assessing Officer for verification. The assessee shall provide the complete details of recip .....

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submitted that he took a honeymoon package from PCFL Travel House. According to the assessee, it was only for the namesake “Honeymoon Package”, but he did not go for honeymoon, because his marriage was taken place long back. However, after considering the record, find that the assessee failed to bring any evidence on record demonstrating that the expenditure was incurred wholly and exclusively for the purpose of business. Learned CIT(A) has rightly confirmed the disallowance - Low household .....

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n u/s 37 - expenditures incurred through credit cards - Held that:- When these expenditures are considered in the light of other disallowances made by the Assessing Officer, i.e., estimated household expenditure and foreign travel expenditure etc., then it would reveal that instead of making addition under each item, the ld. Assessing Officer ought to have adopted a uniform policy for making an ad-hoc disallowance. He should not have identified each item, i.e. credit card expenditure, household .....

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bmit supporting details showing that the expenditures were exclusively incurred for the purpose of business. - ITA No. 1436/Ahd/2016 - Dated:- 4-12-2017 - SHRI RAJPAL YADAV, JUDICIAL MEMBER For The Assessee : S.N. Divetia, AR For The Revenue : S.K. Dev, Sr. DR ORDER The assessee is in appeal before the Tribunal against the order of learned CIT(A)-6, Ahmedabad dated 23.03.2016 passed for Assessment Year 2011-12. 2. In the first ground of appeal, the grievance of the assessee is that the ld. CIT(A .....

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the assessee, on the strength of the Hon ble Gujarat High Court s decision in Tax Appeal No.626 of 2017 in the case of Principal Commissioner of Income-tax Vs. ASE Capital Markets Ltd, has contended that if the recipients have accounted the interest receipts in their taxable income, then no disallowance can be made in the hands of the assessee. Hon ble Gujarat High Court has relied upon the judgment of Hon ble Delhi Court in the case of CIT vs. Ansal Land Mark Township (P) Ltd, reported in [2015 .....

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complete details of recipients and the ld. Assessing Officer shall call for information from the recipients, i.e. ABN Amro, Bajaj Capital and Reliance Capital as to whether they have included this amount in their taxable income or not. If the receipts are accounted in their taxable income, then no disallowance is to be made in the hands of the assessee. This ground of appeal is allowed for statistical purposes. 6. In the next ground of appeal, the grievance of the assessee is that the ld. CIT(A) .....

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did not bring any relief to the assessee. 9. With the assistance of the learned representatives, I have gone through the record carefully. The assessee has submitted that he took a honeymoon package from PCFL Travel House. According to the assessee, it was only for the namesake Honeymoon Package , but he did not go for honeymoon, because his marriage was taken place long back. However, after considering the record, I find that the assessee failed to bring any evidence on record demonstrating tha .....

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e brief facts of the case are that the assessee has shown household withdrawal of ₹ 5,000/- per month only. His father has shown ₹ 15,000/ per month. The ld. Assessing Officer has estimated the household withdrawal at ₹ 20,000/- per month and made an addition of ₹ 1,80,000/-. 12. Appeal to the CIT(A) did not bring any relief to the assessee. 13. On due consideration of the facts and circumstances, I do not find any error in the order of the ld. CIT(A). A person who can af .....

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the assessee has pleaded that ld. CIT(A) has erred in confirming the addition of ₹ 3,12,049/-, which was made by the Assessing Officer u/s 37 of the Act; and, in ground no.5, the assessee is challenging the disallowance of ₹ 6,00,000/-, which was made by the Assessing Officer on account of discrepancy in the books of accounts. 15. The brief facts of the case are that the assessee has made payments towards credit card purchases. He has paid a sum of ₹ 1,91,800/- to Citi Bank and .....

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siness of the assessee. Thus he disallowed the claim of the assessee. Similarly, the ld. Assessing Officer has disallowed half percentage of the total turnover towards different expenditures and leakage. 16. With the assistance of the learned representatives, I have gone through the record carefully. The assessee is a distributor of Videocon and Hutch. The Assessing Officer has called for the purchase/sales register, bills and vouchers for verification. He found that complete details were not ma .....

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