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of <h1>Revenue's Appeals Dismissed on Salary Deduction & Rectification Order</h1> <h3>ACIT, Circle 3 (1), Gwalior Versus M/s. Miss Hill Education Society,</h3> ACIT, Circle 3 (1), Gwalior Versus M/s. Miss Hill Education Society, - TMI Issues involved: The judgment involves challenges by the Revenue against orders of the ld. CIT(A) regarding the deletion of additions made on account of disallowance of amount debited in grant and aid account and deduction claimed on account of salary for the assessment year 2003-04.Issue 1 - Deletion of addition on grant and aid account:In ITA No. 05/Agra/2013, the Revenue contested the deletion of an addition of Rs. 18,17,550/- due to disallowance of amount debited in grant and aid account. The AO denied exemption claimed u/s. 10(23C) and treated the assessee as AOP for taxation purposes. The ld. CIT(A) confirmed this decision. The assessee, running a school, claimed deduction for salary not charged to the income and expenditure account, which was partly reimbursed by the Government of M.P. The Government later informed that the amount would not be reimbursed. The ld. CIT(A) found the claim of the assessee to be correct, considering the salary as revenue expenditure incurred for the purpose of earning income. The Tribunal upheld the decision, stating that the deduction should be allowed if expenditures are incurred wholly and exclusively for the purpose of business or profession.Issue 2 - Deletion of addition in proceedings u/s. 154:In ITA No. 04/Agra/2013, the Revenue challenged the deletion of the same addition in proceedings u/s. 154 of the IT Act. The ld. CIT(A) allowed the deduction under u/s. 154, similar to the main appeal against the assessment framed u/s. 143(3). The Tribunal dismissed the departmental appeal on the same issue, stating that a similar appeal arising out of a rectification order u/s. 154 would not be maintainable.In conclusion, both appeals by the Revenue were dismissed, affirming the decisions of the ld. CIT(A) regarding the deletion of additions on grant and aid account and salary deduction for the assessment year 2003-04.
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