TaxTMI 
TaxTMI 
2021 (8) TMI 236
X X X X Extracts X X X X
X X X X Extracts X X X X
....el/2017, following grounds have been raised by the revenue: "1. On the facts and in the circumstances of the case, the Ld. CIT(A) has erre in restricting the addition to Rs. 20, 48,705/- as against Rs. 4,13, 42, 756/- made by the AO on account of the "Brand Image" expenses. 2. The Ld. CIT(A) erred in law and on facts in deleting addition of Rs. 1,04,34,368/- made by the A. O. on account of the disallowance of expenses u/ s 14Alncome Tax Act, 1961 read with Rule 8 D. 3. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in deleting addition of Rs. 2, 32, 976/- made by the A.O. on account of provision towards commission." 3. In ITA No. 9395/Del/2017, following grounds have been raised by ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t having regard to the facts and circumstances of the case, Ld. CIT(A) has erred law and on facts in confirming the action of Ld. AO in not allowing the benefit of additional depreciation of Rs. 1, 70,00,485/- claimed by the assessee under the head 'Plant and Machinery' and that too by recording incorrect facts and findings and in violation of principles of natural justice and in not considering the latest law in his regard. 6. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in not allowing the benefit of deduction of Rs. 21,00,000/- as claimed by the assessee u/ s 35AC and that too by recording incorrect facts and findings and in violation o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....a and 20 persons who have been taken to Australia. The assessee has incurred an expenditure of Rs. 6,54,32,452/-. 6. The ld. CIT ( A) examined the bills raised by the assessee of Dewan Travels Pvt. Ltd. which are as under: Sl. No. Date Amount 1. 17.09.2011 Rs. 20,48,705 /- 2. 04.04.2012 Rs. 2,53,17,202/- 3. 26.05.2012 Rs. 1,46,54,700/- 4. 19.07.2012 Rs. 2,34,11,845/- 7. The ld. CIT (A) found that the bill dated 17.09.2011 for an amount of Rs. 20, 48,705/- pertain to the assessment year 2012- 13, hence, disallowed the expenditure to that extent and allowed the remaining expenditure being the amount spent during the year. The disallowance of Rs. 20,48, 705/- has not been contested by the asse....
X X X X Extracts X X X X
X X X X Extracts X X X X
....educted on the commission payment and hence the ld. CIT ( A) taking into consideration, the entire facts allowed the deduction. Since, no contrary material has been brought before us, we decline to interfere with order of the ld. CIT ( A). 12. In the result, the appeal of the revenue is dismissed. CO No. 223/Del/2017 : 13. In view of the above adjudication, the CO of the assessee is treated as superfluous and hence dismissed. ITA No. 9395/Del/2017 A.Y. 2014- 15 : Disallowance u/s 14A: 14. The assessee received dividend of Rs. 2,69,77,700 /- which was claimed exempt u/ s 10(34) of the Income Tax Act, 1961. The assessee made disallowance of Rs. 4,03,275/- u/s 14A r.w.r. 8D. The Assessing Officer made disallowance of Rs. 4,93....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... /- 19. Out of the amount of Rs. 14,00, 57,935/-, an amount of Rs. 5,21,71,634/- was debited to Brand Image expenses in the P&L account and Rs. 8,73,86,300/- in the computation of income. 20. The AO disallowed an amount of Rs. 8,73,86,301/- claimed in the computation of income on the grounds that the assessee failed to prove the following points: (i) to whom the freebies gifts had been distributed? (ii) what advantage that person had given to the company objectively? (iii) whether without distribution of gifts, foreign junkets the sale of the appellant company would have dipped? (iv) who had travelled, what is the relationship of the person travelled to the appellant company, whether the employee of....