9911796707
TMI Blog2025 (2) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... The order of the Commissioner of Income Tax (Appeals) [CIT (A)] is against the law, the facts and circumstances of the case and the principles of equity and natural justice. 2.The CIT(A) erred in dismissing the appeal without adjudicating on the merits of case and thereby violated the principles of equity and natural justice. 3.The CIT(A) ought to have appreciated that the assessing officer has erred in determining the total income of the Appellant at Rs. 99,01,740/-. The CIT(A) ought to have considered the submissions submitted by the Appellant for the other expenditures. 4. The CIT(A) ought to have appreciated that the assessing officer had erred by adding a sum of Rs. 1,36,235/- towards the provision release made during the FY 2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons made by the assessee, the AO found that the assessee has claimed a deduction from its income of Rs. 1,39,235/- on account of "Provision released" which has been credited Profit and Loss account without any supporting documents and added back to the total income of the assessee by passing an order u/s. 143(3) of the Act dated 19.12.2019. Apart from that the AO has disallowed 5% of the "Other Expenditure" of Rs. 30,44,217/- in the absence of entire bills and vouchers of such expenditure amounting to Rs. 1,52,210/- and added to the total income. Aggrieved by the order of the AO, the assessee preferred an appeal before the Ld.CIT(A), NFAC, Delhi. 4. Before the Ld.CIT(A) the assessee submitted that the following amounts have been claimed as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowing the 5% of other expenditure in spite of providing the documents and the ledger and hence prayed for deleting the same. However, after considering the submissions made by the assessee the Ld. CIT(A) was pleased to confirm the AO's order. Aggrieved by the order of the Ld.CIT(A) the assessee is before us. 5. The Ld.AR for the assessee assailing the action of the Ld.CIT(A) stated that the Ld.CIT(A) has not considered any details which have been submitted by the assessee and confirmed the order of AO. The Ld. AR reiterated the submissions in respect of provision released on standard provision and NPA provision of Rs. 1,25,632/- and Rs. 10,603/- respectively is deducted in the computation of income which has been credited to the P&L Acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment of the State Government, Reserve Bank of India and also to the Income Tax Department. Thereby, disallowing expenditure on an adhoc basis without any cogent reason is not acceptable and hence prayed for deleting the same. 6. Per contra, the Ld.DR supported orders of lower authorities. 7. We have heard the rival contensions perused the material available on record and gone through the orders of lower authorities. Admittedly the assessee is a Urban Co-Operative Bank and its books have been duly audited and the return of income for the AY.2017-18 has been filed by admitting a total income of Rs. 96,10,290/-.In the assessment proceedings the AO has made an addition of Rs. 1,39,235/- on account of provision released and disallowed an exp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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