2015 (4) TMI 1204

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....Agarwal (CIT) For the Assessee : P. C. Parwal (CA) ORDER R. P. Tolani (Judicial Member) This appeal by revenue and cross objection by assessee arise from the order dated 18/10/2012 of Ld. CIT (A)-II, Jaipur. Respective grounds are as under:- Grounds in Revenue Appeal. "On the facts and in the circumstances of the case, the Learned CIT(A) has erred in:- (i) ho....

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.... disallowing of contribution to Social welfare activities despite the fact that it was not an allowable business expenditure. (vi) allowing penal interest despite of the fact that it was not an allowable expenditure as per explanation 1 to the section 37(1) of the I.T. Act, 1961." Ground in Cross Objection 1. The ld. CIT(A) has erred on facts and in law in upholding the ....

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.... ld. Counsel that since all these expenses have been allowed by ld. CIT(A) following the ITAT judgments, which are mentioned in the order, there is no infirmity in his order and deserves to be upheld. 3. We have heard the ld. DR and perused the material available on the record. We find merit in the contention of the ld. Counsel while allowing all these expenses. Ld. CIT(A) has relied on the ITA....

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....aning of pond was allowed by Hon'ble ITAT Bench 'B' Jaipur in ITA No. 93/JP/1997 in A.Y. 1993-94, the nature of the expenditure incurred this year for beautification of fountain in Kamal Talai, Gulab Bagh is expense of almost similar nature and therefore Rs. 10,00,000 is directed to be allowed. However, expenses disallowed by the A.O. and CIT(A) in A.Y. 2008-09 in respect of expenditure incurred f....