2010 (5) TMI 934

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....on'ble ITAT as personal expenditure. The appeal was in relation to the additions made regarding the business of the assessee. 1.2. That the additions confirmed by the Hon'ble CIT(A) are not in accordance with the law and may please be deleted. 2.0 Addition of Rs. 69,113/- on account of interest paid for car loans. 2.1 That the Hon'ble CIT(A) has erred in confirming that the use of the case is wholly for the personal purposes and has erred in disallowing the interest paid on the loan as personal expenditure. 2.2 That the additions confirmed by the Hon'ble CIT(A) are not in accordance with the law and may please be deleted. 30. Addition of Rs. 7,300/- and Rs. 14,100/- out of total addition of Rs. 7....

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....on account of vehicle maintenance on ad-hoc basis. 5.2 That the additions made are on surmises and assumptions. 5.3 That the additions made may please be deleted. 6.0 Addition of Rs. 1,04,595/- on account of depreciation on car. 6.1 That the Hon'ble CIT(A) has erred in confirming the disallowance made by the ld. A.O. on account of the depreciation. 6.2 That the additions are made on surmises and assumptions and are therefore contrary to the law. 6.3 That the additions made are not in accordance with the law and may please be deleted. 7.0 Addition of Rs. 5,000/- on account of payment of professional fees. 6.1 That the Hon'ble CIT(A) has erred in confirming that the payme....

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....red the rival submissions and perused the material available on the file. The amount of Rs. 10,000/- was incurred as a fee for filing appeal before the Tribunal whereas the amounts of Rs. 8,000/- and Rs. 5,000/- were paid as professional charges for attending the hearing before the Tribunal. In view of this factual position, such payments, in any manner, cannot be said to be personal in nature as the payments were made for business purposes, consequently, ground nos. 1, 4 and 7 are allowed. 3. Through ground nos. 2, 5 and 6, the assessee has challenged the addition of Rs. 69,113/- on account of interest paid for car loan, addition of Rs. 21,971/- on account of vehicle maintenance and Rs. 1,04,595/- on account of depreciation on car. The ....

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....so which speaks about actual payment before the due date for furnishing the return of income under sub-section (1) of section 139 in respect of previous year and evidence of such payment is furnished by the assessee, consequently, the amount of Rs. 7300/- is allowed in favour of the assessee. As far as the amount of Rs. 14,100/- on account of bonus payment to the employees is concerned, we have found that there was no salary paid to the concerned employees by the assessee firm. If the salary was not paid during the relevant period, therefore, there is no question of payment of bonus. No details in support of its claim were filed by the assessee at any stage, therefore, it cannot be allowed. Resultantly, this ground is partly allowed. ....