2010 (8) TMI 975

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....1 for only one cheque of the said amount received from a single company is totally not justified and bad in law. 2. For that, the Ld. CIT(A), Kolkata was not justified in rejecting our prayer to treat Rs. 16,13,333/- deducted by Sikkim Government from our bills as expenses incurred by the company and paid Rs. 16,13,333/- to the Government of Sikkim as Sikkim Government Tax. The issue of the certificate in Form No. 16A as per Rule 31(1)(b) of the Income Tax Rules misguided us and claimed by us as TDS. As such the assessment is totally wrong and bad in law. 2. Ground no. 1 relates to confirmation of disallowance of Rs. 2,46,937/- made by the AO. u/s. 14A of the I. T. Act. Briefly stated facts of the case are that the AO observed that the as....

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....l) and ii) CIT Vs. Eicher Ltd. (2007) 160 Taxman 80 (Mag). He lastly urged before the bench to set aside the orders of the lower authorities and delete the disallowance of Rs. 2,46,937/-. 4. On the other hand, the Ld. DR relied on the orders of the authorities below. 5. Heard the rival submissions, perused the material available on record and the case laws cited by the Ld. Counsel. We find that the assessee earned dividend income of Rs. 18,00,000/-. The assessee did not file any evidence in respect of any expenditure incurred by him to earn the said dividend income before the lower authorities and also before the Tribunal. In view of the above, and the consistent view taken by the Tribunal in many other cases also a sum of Rs. 18,000/- ....