2021 (5) TMI 476

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....ra, JM This assessee's appeal for the Asst. Year 2014-15 arises from the Commissioner of Income Tax (Appeals)-11, Hyderabad's order dt. 29.02.2016 passed in case No. 084/CR-3/CIT(A)-11/14-15 in the proceedings under Section 143(3) of Income Tax Act, 1961 ('the Act'). Heard both the parties. Case file perused. 2. The Revenue's side proposes the following substantive grounds i....

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..... CIT(A) erred in deleting the addition of Rs. 1,42,02,401/- made u/s. 40(a)(ia) of the IT Act. a. The CIT(A) erred in deleting the addition of Rs. 1,00,00,000/- made u/s. 40(a)(ia) of the IT. Act on the ground that it is a mere provision and hence no tax is deductible at source. b. The CIT (A) ought to have enhanced the income, as the said expenditure is not an ascertained liability and its b....

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....followed judicial consistency in issuing necessary verification directions to the Assessing Officer. The Revenue fails in its instant former two substantive grounds therefore. 4. Next comes prior period expenditure disallowance of Rs. 9,10,000 wherein the CIT(Appeals) has followed the tribunal order in A.Y. 2010-11 whilst holding that the assessee had claimed the impugned expenditure because of t....

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....e thus observe that the assessee/deductor could not have complied with Chapter XVII provisions since such compliance involves the latter party in whose hands the income is admittedly assessed. We thus decline the Revenue's argument seeking to revive 40(a)(ia) disallowance for this precise reason alone. 6. Learned department representative next contended that the CIT(Appeals) ought to have enh....