2013 (1) TMI 1021

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.... Chhanalia, DR. ORDER PER BENCH : This appeal of the assessee arises from the order of the CIT(A), Jalandhar, dated 29.03.2012 for the assessment year 2007-08. The assessee has raised following grounds of appeal: "1. That the ld. CIT(A), Jalandhar has erred in law & in the circumstances of the appellant's case in confirming the asstt. year 2007-08. 2. That the appellant craves the r....

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.... AO was of the view that the aforesaid clause 6, when examined in light of the CBDT's Circular No.739 dated 25.3.1996 showed that the amount of remuneration had not been laid down. He asked the assessee to justify the claim. The assessee relied on several judgments including of Hon'ble Jurisdictional Tribunal in the case of ITO vs. JMP Enterprises 101 ITD 324 and claimed that remuneration to the p....

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....o all the partners. The Circular No.739 was not an issue in this judgment. Hence, the AO disallowed the remuneration to partners claimed by the assessee. 3. Before the Ld. CIT(A), the assessee submitted the explanation which is available in para 3 of the CIT(A)'s order at page 3 & 4. The Ld. CIT(A) vide para 4 to 7 of his order relying upon the CBDT Circular No.739 dated 25.03.1996 rejected the....

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....assessee further relied upon the decisions of various courts of law as under: "1. CIT vs. Anil Hardware Store 223 CTR (HP)595 2. Durga Dass Devki Nandan vs. ITO 241 CTR (HP) 180 3. Sood Bhandari & Co. & Ors. Vs. CBDT 246 CTR (P & H) 89 4. CIT vs. The Asian Marketing 254 CTR (Raj) 453 5. The Ld. DR, on he other hand relied upon the orders of both the authorities below. 6. We have ....