2015 (3) TMI 1194

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HAH) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal "B" Bench, Ahmedabad dated 31/10/2014 in ITA No.2732/Ahd/2013 for the Assessment Year 2010-11 by which the learned Tribunal has partly allowed the said appeal preferred by the assessee confirming the disallowance of Directors' remuneration of Rs. 47,90,178/- against t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....onfirmed any part of the disallowance made by the authorities? Considering paragraph 12 of the impugned judgment and order passed by the learned Tribunal by which accepting the submissions made on behalf of the assessee and the increase in the turnover to 3.6 times of the immediately preceeding year which comes to Rs. 32,40,000/-, it cannot be said that the learned Tribunal has committed any er....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he decision of this Court in the case of Commissioner of Income Tax III Vs. Ashok J. Patel reported in [2014] 43 Taxmann.com227 (Gujarat) in support of his case that when there is disallowance by the Assessing Officer under Section 40(a)(ia) of the Income Tax Act, the onus was upon the Assessing Officer. However, in the facts and circumstances of the case, the said decision would not be applicable....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the specific case on behalf of the assessee that even the Directors were taxable at the same rate / higher rate and, therefore, the entire exercise was revenue neutral is concerned, the Assessing Officer was justified in disallowing Rs. 99,80,414/-, which came to be restricted to Rs. 47,90,178/-. In support of his submission, Shri Shah, learned Counsel appearing on behalf of the assessee has heavi....