2016 (12) TMI 1575

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....n Singh (Judicial Member) 1. This appeal u/s 253 of the Income-tax Act ('Act') is directed by assessee against the order of Ld. Commissioner of Income-tax (Appeals) [for short 'the CIT(A)] -9, Mumbai dated 13.02.2015 for Assessment Year (AY) 2010-11. The assessee has raised the following grounds of appeal: The Hon'ble Commissioner of Income Tax (CIT) is not justified in partially disal....

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....eal before the ld. CIT(A), the disallowance was restricted to Rs. 10,00,000/-. Thus, further aggrieved by the order of ld. CIT(A), the present appeal is filed by assessee before us. 3. None appeared on behalf of assessee despite the service of notice through RPAD. The notice was served on 22.11.2016 as AD Card of registered post is available on record. As none appeared on behalf of assessee des....

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....ctors, copy of Board resolution and the year wise details of remuneration paid to the Directors. The assessee filed only copy of Form 16 issued to the Directors and the copy of Board resolution in case of Sh. Vinod Khetrapal only. On the basis of details the AO observed from the Profit & Loss A/c, found that remuneration paid to Director in AY 2009-10 was Rs. 6,00,000/- and the assessee-company al....

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.... granted partial relief to the assessee. We have seen that while making the disallowance, the onus is on the AO and the AO has not brought any material on record as to how the remuneration paid to two Directors are excessive, no comparable on the basis of region cum industry was referred by the AO or by the ld. CIT(A) while restricting the disallowance. Considering the fact that the order of ld. C....