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2020 (11) TMI 138
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....venue has raised the following grounds of appeal for assessment year 2013-14 :- 1. CIT(A) has erred in deleting the addition of Rs. 1,60,88,065/- made on the ground of interest attributable to advance made to Sh. Arun Kapoor. The AO has disallowed the interest of Rs. 1,60,88,065/- as interest attributable at 12% on Rs. 13,40,67,214/- which was advanced to Sh. Arun Kumar out of interest bearing funds, of the company. 2. CIT(A) has erred in deleting the addition of Rs. 54,000/- under the sub-head marriage gift, addition of Rs. 4,99,837/- under the head subscription expenses for various clubs, addition of Rs. 2,00,000/- under the consultancy expenses and addition of Rs. 2,97,597/- being expenses incurred in advertisement in H....
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....earing funds of the company. 2. On the facts and in the circumstances of the case the Ld. CIT (A) has erred in law and facts in deleting the addition of Rs. 4,00,000/- which was made by the A.O on account of consultancy expenses as the assessee was failed to establish the details of services obtained from the ex-employees and the rate of payments. 3. On the facts and in the circumstances of the case the Ld. CIT (A) has erred in law and facts in deleting the addition of Rs. 2,97,597/- which was made by the A.O on account of publishing photo in the newspaper of Sh. Jaidev Kapur on his death anniversary as this expense was purely personal/social expenses of Kapur Family. 4. On the facts and in the circumstances of th....
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....epted by the Assessing Officer. The AO completed the assessment under Section 143(3) and made total income of Rs. 4,04,05,284/- as against the returned income of Rs. 2,19,28,583/- by disallowing expenses of Rs. 1,84,76,701/- under various heads. 6. Being aggrieved by the assessment order the assessee filed appeal before the CIT (Appeals). The CIT (Appeals) allowed the appeal of the assessee. 7. The learned Departmental Representative submitted that as regards ground No. 1 relating to deletion of addition of Rs. 1,60,88,065/- made on the ground of interest attributable to advance made to Shri Arun Kapur, the CIT (Appeals) has not taken into cognizance of the assessment order wherein the Assessing Officer has rightly disallowed the inte....
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.... the appellate proceedings as to why these expenses should not be allowed. The assessee has produced the evidences before the Revenue authorities and established the claim for these expenses. Hence, ground No. 2 of Revenue's appeal is dismissed. 13. As regards ground No. 3, the learned Departmental Representative submitted that the CIT (Appeals) erred in deleting the addition of Rs. 2,19,537/- under the head glow shine board expenses. Since the normal life of three years and expenses incurred are debited during the year under consideration are not allowable. 14. The learned Authorized Representative relied upon the order of the CIT (Appeals). 15. We have heard both the parties and perused all the relevant material available on reco....
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....ive submitted that as most of the foreign expenses are in connection of Kapur family, who are the top management and not related to the company, therefore, the CIT (Appeals) did not establish that these expenses were for business purposes. 20. The learned Authorized Representative relied upon the order of the CIT (Appeals). 21. We have heard both the parties and perused all the relevant material available on record. These expenses were demonstrated before the Assessing Officer as well as CIT (Appeals) by the assessee in detail by submitting supporting evidences. And after going through the said evidences, the CIT (Appeals) has given a categorical finding that these foreign trips were for the business purpose only. Hence ground No. 5 o....