TaxTMI 
TaxTMI 
TaxTMI 
2018 (3) TMI 1752
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....peal for Assessment Year 2011-12, raising the following grounds: "1. That having regard to the fact and circumstances of the case, Ld. CIT(A) has erred in law and on facts in not deleting the addition of Rs. 10,00,000/- fully as made by Ld. AO on account of alleged suppression of income and has further erred in sustaining the same to the extent of Rs. 2,00,000/- by wrongly observing that the ass....
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....4. That having regard to the fact and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in making disallowance of Rs. 3,51,406/- on account of alleged excessive rent paid on machineries to M/s A.N. Agarwal (HUF). 5. That the appellant craves the leave to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all t....
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....harged by the AO, rather, the AO only observed that the WDV of the machinery was low; and that the evidence brought on record was illegally not considered by the ld. CIT(A). 5. On the other hand, the ld. DR has duly strongly supported the impugned order. It is stated that the AO has observed that the rent was paid to persons covered u/s 40A(2)(b) of the Act. 6. Heard. It is true that the AO obse....
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.... Tribunal in deleting the similar addition/disallowance, dismissing the appeal filed by the Department. 8. In 'ITO vs. Mayur Agarwal', 128 ITD 55(Agra) (TM), it was held that u/s 40A(2)(b), the AO is bound to show as to how the rent paid to a relative is excessive. 9. In 'ACIT vs. Bombay Real Estate Development Company (P) Ltd.', 64 DTR 137 Mumbai, it was held that since the AO had not brought o....