TMI Blog2021 (1) TMI 954X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee has not furnished satisfactory explanations before the AO with regard to the manner of utilisation of printed materials, in the interests of natural justice, we are of the view that this issue may be restored to the file of AO so that the assessee may furnish explanations to the satisfaction of the AO. Accordingly we set aside the order passed by Ld CIT(A) on this issue in AY 2008-09, 2010-11 and 2012-13 and restore the same to the file of AO. We direct the assessee to furnish the details of manner of utilisation of printing and stationery expenses for the purposes of business of the assessee. After hearing the assessee, the AO may take appropriate decision in accordance with law. - ITA Nos.75 to 80/Bang/2018 - - - Dated:- 18-1-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to assessment year 2008-09 to 2012-13. The assessee challenged the additions by filing appeals before Ld. CIT(A) and then to ITAT. The Tribunal, vide its combined order dated 12.12.2014 passed for assessment years 2008-09 to 2012-13 set aside the assessment order with a direction to examine following four aspects:- i. Whether the expenditures disallowed pertain to the relevant Assessment year. ii. Whether the payments (expenses) disallowed by the assessing officer, were such that they violate the IRDA regulations and are therefore hit by the Explanation to Section 37(1). iii. Whether the expenses disallowed were indeed business expenditure with reference to the details of expenses and the benefits derived from them. iv. Whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncurred for the purpose of business, which is also admitted by the A.O. Moreover, these expenses are duly vouched and payments were made mostly by account payee cheques. Another contention of the Assessing Officer was that the printed brochures were distributed by the coordinators who were not employees of the Appellant Company. The Authorized representative argued that the contents of the printed materials were all of the products of insurance which were the business of the Appellant. The mere fact that it was distributed by the coordinators will neither reduce the expenditure nor disentitle the Appellant to claim such expenditure under Section 37 of the Income Tax Act, 1961 as these were incurred wholly and solely for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the CBDT below:- Circular No. 17/2019-Income Tax F. No. 279/Misc. 142/2007-ITJ(Pt.) Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes Judicial Section New Delhi, 8th August 2019 Subject: Further Enhancement of Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court Amendment to Circular 3 of 2018 Measures for reducing litigation. Reference is invited to the Circular No. 3 of 2018 dated 11.07.2018 (the Circular) of Central Board of Direct Taxes (the Board) and its amendment dated 20th August, 2018 vide which monetary limits for filing of income tax appeals by the Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit specified in para 3. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In case where a composite order/ judgement involves more than one assessee each assessee shall be dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee and hence he has restricted the claim to 50%. It is well settled proposition of law that the onus to prove the expenditure and its connection with the business carried on by the assessee would lie upon the assessee. 11. The Ld A.R submitted that the entire printed materials were used for the purposes of business carried on by the assessee only. However, since the assessee has not furnished satisfactory explanations before the AO with regard to the manner of utilisation of printed materials, in the interests of natural justice, we are of the view that this issue may be restored to the file of AO so that the assessee may furnish explanations to the satisfaction of the AO. Accordingly we set aside the order passed by Ld CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
