2020 (5) TMI 48

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.... appeals therefore these appeals are adjudicated together by this common order. ITA No. 1551/Ahd2015 2. The fact in brief is that return of income declaring income of Rs. 66,65,590/- was filed on 28th Sep, 2011. The case was subject to scrutiny and notice u/s. 143(2) of the act was on 4th July, 2013. The assessment u/s. 143(3) of the act was finalized on28th Feb, 2014 and total income was assessed at Rs. 1,91,99,231/-. The remaining facts of the case are discussed while adjudicating the grounds of appeals of the assessee as under:- Ground No. 1(Disallowance of Commission Expenses of Rs. 59,600/-) 3. During the course of assessment, the assessing officer noticed that assessee has claimed commission expenses to the amount of Rs. 5....

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.... that he has incurred travelling and vehicle expenses for purpose of business and renting car to India Cement Ltd. 7. The assessee has not agreed with submisisonfo the assessee stating that no evidence were produced. Therefore, claim of the assessee was disallowed. 8. Aggrieved assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has dismissed the appeal of the assessee stating the at the time of assessment proceedings, the assessee has not furnished any supporting evidences pertaining to expenses claimed. 9. We have heard the rival contentions and perused the material on record. The assessing officer has disallowed the travselling expenses to the amout for Rs. 88881/- and fuel expenses to the amount of Rs. 1,48,105/-....

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....e head travelling and fuel expenses to Rs. 72,000/-, therefore, this ground of the appeal is allowed. Ground No. 3(Addition of Rs. 39,527 u/s. 2(22)(e) of the act) 11. During the course of assessment, the assessing officer noticed that assessee had received loan/advances to the total amount of Rs. 56,89,212/- from the company M/s. Omkara Concrete and Machineries Pvt. Ltd. and the assessee was holding more than 50% share of the said company. Therefore, the assessing officer has attracted provision of section 2(2)(e) of the act and made addition to the amount of Rs. 56,89,201/- as deemed dividend to the total income of the assessee. 12. The assessee has preferred appeal before the ld. CIT(A). The ld. CIT(A) has restricted addition to....

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.... assessment year 2012-13 based on similar fact and issues as adjudicated above in the appeal of the assessee for assessment year 2011-12 vide ITA 1551/Ahd/2015 above in this order. Ground No. 1 (disallowance of Commission expenses of Rs. 13,550/- 15. As adjudicated above in this order, the assessee has failed to furnish the basic detail i.e. bill/voucher, detail of commission expenses and detail of rental services etc. even before us during the course of appellate proceedings, therefore, this ground of appeal of the assessee is dismissed. Ground No. 2 (Pre EMI Interest) 16. During the course of appellate proceedings before us, the assessee has made alternative plea before the assessing officer that expenditure in the form of Pre....