2019 (4) TMI 626

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....TICE HARSHA DEVANI) 1. By this appeal under section 260A of the Income Tax Act, 1961 (herein after referred to as "the Act"), the appellant has challenged the order dated 10.7.2018 made by the Income Tax Appellate Tribunal, Ahmedabad Bench 'B', Ahmedabad, in ITA No. 1307/Ahd/2016 by proposing the following question, stated to be a substantial question of law: "Whether the Appellate Tri....

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....d that during the year under consideration, the assessee had paid Rs. 22,84,900/- to Dr. Abhay R. Vasavada on account of fees for professional services but the same was not debited in the profit and loss account. According to the Assessing Officer, as per the provisions of the Act, cost incurred for the business purpose is required to be debited in the profit and loss account. Since the asessee ha....

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....from the insurance company and did not fall under the criteria of section 69C of the Act. 6. Mr. M. R. Bhatt, Senior Advocate, learned counsel for the appellant reiterated the reasoning adopted by the Assessing Officer and the Commissioner (Appeals) as well as the grounds set out in the memorandum of appeal. 7. A perusal of the impugned order reveals that insofar as the addition of Rs. 10,32....

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....hri Abhay Vasavada in his account which was merely a pass through payment made to Dr. Abhay Vasavada and as such the provisions of section 69C of the Act were not applicable; and accordingly deleted the addition. 8. Thus, the facts as emerging from the record reveal that the payment of Rs. 10,32,200/- made to Shri Abhay Vasavada was by the Insurance Company towards doctor's fees and such amount....