TMI Blog2023 (4) TMI 847X X X X Extracts X X X X X X X X Extracts X X X X ..... e is upheld. Even otherwise, at this stage, Assessee has submitted that even otherwise, the disputed tax amount involved in this appeal was less than the monetary limit prescribed by the Department for filing the appeal before the Tribunal. DR even could not rebut the aforesaid contention of the AR. We do not find any merit in this appeal of the Revenue and the same is accordingly dismissed. - I.T.A. No. 3/Pat/2021 - - - Dated:- 29-3-2023 - Shri Sanjay Garg, Judicial Member And Shri Girish Agrawal, Accountant Member Shri Soumitra Choudhury, Adv., appeared on behalf of the appellant Smt. Rinku Singh, CIT-DR, appeared on behalf of the respondent ORDER Per Sanjay Garg, Judicial Member: The present appeal has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovisions of section 13(3) of the Act and the amount of salary paid was in excess of what may be reasonably paid for their services, therefore, he disallowed the payment of salary to the aforesaid persons and did not treat the aforesaid payment as application of income and thereby denied the exemption to the assessee-trust in respect of salary paid to the aforesaid persons. The ld. Assessing Officer further disallowed the bus hiring charges of Rs.3,00,000/- paid to Shri Kala Kiran Chaudhary and hostel building rend of Rs.8,40,000/- paid to M/s Aadya Bhaskar Enterprises Pvt. Ltd. observing that the assessee could not justify the said payment. 4. In appeal, the ld. CIT(A), however, deleted the disallowance so made by the Assessing Officer i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the year 2002-03 and rendered their fulltime service without taking any compensation for a number of years. Thereafter during financial year 2010-11, the trust resolved to start payment a salary the two of them in order to compensate them for their contribution which in effect was in lieu of two full time regular employees, who otherwise would have to be engaged at prevailing rates of compensations based on qualifications, experience merits as well as other professional factors. The A.O. has not found the explanation satisfactory and the conclusion of the A.O. is that the salary appears to be excessive and unreasonable in view of the fact that the persons to whom this salary has been paid are covered by the definition of 'interes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.3,00,000/- for hiring of bus and Rs.8,40,000/- for hostel building rent made by the A.O. on these counts are hereby deleted. In the result, the appeal is allowed. 5. After hearing both the parties, we do not find any reason to interfere with the above findings of the CIT(A) and the same is upheld. 6. Even otherwise, at this stage, the ld. AR of the assessee has submitted that even otherwise, the disputed tax amount involved in this appeal was less than the monetary limit prescribed by the Department for filing the appeal before the Tribunal. The ld. DR even could not rebut the aforesaid contention of the ld. AR. In view of this, we do not find any merit in this appeal of the Revenue and the same is accordingly dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
