2021 (8) TMI 500

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....commissioner of the Income Tax (Appeals) has erred in confirming the action of the assessing officer in making addition of Rs. 10,55,000/- on account of disallowance 50% of salary and bonus expenses. 2. It is therefore prayed that the above addition may please be deleted as learned members of the tribunal may deem it proper. 3. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of the hearing of the appeal." 2. Brief facts of the case are that assessee is engaged in the business of Cable Television Network. The assessee filed its return of income for A.Y. 2006-07 on 04.04.2008. The return of income was filed in response of notice under section 153C. The assessee was completed und....

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....iled appeal before ld. CIT(A) on 22.04.2016. The assessee simultaneously filed appeal before Ld. CIT(A), against the identical additions for Assessment Year (AY) 2007-08 on 22.04.2016 itself. The appeal for the year under consideration was dismissed in ex parte order. The ld. AR for the assessee submits that assessee participated during the hearing before the ld. CIT(A) and sought adjournment vide application dated 04.09.2017. The ld. CIT(A) fixed the hearing on 23.10.2017. The notice on 23.10.2017 was not complied as it was festival season. The ld. AR for the assessee submits that the assessee has got good case on merit. The AR for the assessee placed on record, the copy of order of Ld. CIT(A)-3, Surat dated 10.06.2019 wherein on identical....

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....vant part of which is extracted in para No. 3 of the assessment order. The ld. AR for the assessee after referring the relevant part of order of Tribunal submits that it was clearly directed to consider the books of accounts lying seized with the department. All record relating to the books of account was lying seized with the department and were already in power and possession of the department. The ld. AR for the assessee further reiterated that the Bench may consider the decision of ld. CIT(A) in subsequent year instead of sending the matter back to the file of the ld. CIT(A). 6. We have considered the rival submissions of both the parties and perused the orders of the lower authorities and the material available on record. From perus....

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....e assessment u/s. 143(3) on 17.12.2008 which was upheld by the CIT(A)-2, Ahmedabad vide order dated 20.11.2009. The Hon'ble ITAT vide his order dated 20.09.2014 restored the matter back to the file of A.O. The A.O. held that on verification of the comparative P & L A/c, it is seen that there is huge increase in salary expenses compared to A.Y. 2005-06 though the income has been reduced. The A.O. held that there is no justification for such an increase in salary expenses and therefore he disallowed the 50% of salary expenses and made the addition of Rs. 10,55,000/-. The appellant submitted that the A.O. has only made the addition on the ground that there is an increase in salary in comparison to earlier years without pointing out any def....