TMI Blog2023 (3) TMI 1344X X X X Extracts X X X X X X X X Extracts X X X X ..... tricted the disallowance to 30% as against 100% - Thus disallowance u/s.40(a)(ia) as made by the AO and as confirmed by the ld. CIT(A) stands restricted to 30%. Appeal of the assessee is partly allowed. - ITA No. 358/CTK/2014 - - - Dated:- 20-3-2023 - SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER For the Assessee : Shri P.K.Mishra, Advocate assisted by Miss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., reported in 357 ITR 642(All). Subsequent to the reversal of the said decision by the Hon ble Supreme Court in the case of Palam Gas Service, reported in 394 ITR 300 (SC), the order of the Tribunal dated 28.04.2017 came to be recalled for readjudication of grounds No.5 6 of the assessee s appeal. Consequently, only grounds No.5 6 of the assesse s appeal is being adjudicated in this order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w of the decision of the Hon ble Supreme Court in the case of Shree Choudhary Transport Company (2020) 426 ITR 289 (SC), the disallowance had rightly been made at 100% by the AO and confirmed by the ld. CIT(A). It was submitted that the order of the ld. CIT(A) on this issue is liable to be upheld. 5. We have considered the rival submissions. In the case of Om Sri Nilamadhab Builders (P) Ltd., r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust be understood that the disallowance of 100%, by the said amendment was restricted to 30%, thus, clearly the amendment was brought in to remove the hardship caused to the assessee. In these circumstances, respectfully following the decision of the various coordinate benches of the Tribunal on this issue, referred to supra, as also the principle laid down by the Larger Bench of the Hon ble Supre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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