TaxTMI 
TaxTMI 
2022 (2) TMI 869
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....7, 16.08.2018, 21.01.2020 and 27.01.2020 relevant to the assessment years 2014-15, 2015-16, 2011-12 and 2016-17. Since common grounds in identical facts involved in these appeals, heard together and are being disposed of by this common order for the sake of brevity. 2. Vide order in T.C.A. No. 306 of 2019 dated 06.06.2019 against the order of the Tribunal in I.T.A. No. 2478/Mds/2017 dated 19.09.2018 for the assessment year 2014-15 and vide order in T.C.A. No. 171 of 2021 dated 09.03.2021 against the order of the Tribunal in I.T.A. No. 2703/Mds/2018 dated 23.10.2019 for the assessment year 2015-16, the Hon'ble Jurisdictional High Court set aside the orders of the Tribunal and remitted the matter back to the Tribunal to be heard and decide....
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....14 (supra), the Tribunal has observed and held as under: "6. We have heard both the sides, perused the materials available on record and gone through the orders of the authorities below. 7. The Assessee is a Telecom Employees Co-operative Society established for the benefits of the members. The Assessee's Society advanced certain loans to the staff of the Employees Society and received interest income. The Assessee's Society has claimed an exemption u/s.80P of the Income Tax Act, 1961 in respect of the interest income received from the staff of the Assessee's Society. The Assessing Officer has denied on the ground that the interest income from the staff is not qualified for exemption u/s.80P of the Income Tax Act, 1961. Th....
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.... Tribunal for the assessment years 2012-13 and 2013-14 and the Tribunal has remitted the matter back to the file of the Assessing Officer for de novo adjudication and thus, prayed that similar directions may also be given for the assessment years under appeal. The ld. Counsel further submitted that there is a direct nexus between the loans availed by the assessee and FDs and therefore, the entire expenditure has to be allowed. 4.1 On the other hand, the ld. DR strongly supported the order passed by the ld. CIT(A) as well as Assessing Officer. 4.2 We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. In the assessment order, the Assessing Officer has noted that the int....
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....the Assessing Officer has treated the interest income earned by the Assessee has income from other sources and estimated the expenditure only. In the Assessment Order, the Assessing Officer has not properly considered the expenditure incurred by the Assessee to earn the interest income and simply estimated the interest expenditure. 13. In our view, it is not correct. Thus we set aside the order passed by the learned Commissioner of Income Tax (Appeals) on this count and remit back the matter back to the Assessing Officer to adjudicate the issue afresh in accordance with law de novo." 4.4 Respectfully following the decision of the Coordinate Benches of the Tribunal in assessee's own case for the assessment years 2012-13 and 2013-....
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....irmation of disallowance of repair and maintenance. In the assessment order, the Assessing Officer has noted that the assessee has claimed repair and maintenance charges to the tune of Rs..1,31,046/-. However, the since the assessee was not able to produce any proof in respect of repair and maintenance expenses, the Assessing Officer disallowed the claim of repair and maintenance charges of Rs..1,31,046/- and brought to tax. On appeal, the ld. CIT(A) confirmed the disallowance on the ground that the assessee has not furnished any evidence during the course of appellate proceedings. 6.1 Before us also, the assessee has not produced any evidence in respect of the expenses towards repair and maintenance claimed to have incurred. In view of ....
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....urse of appellate proceedings. 7.1 Before us also, the assessee has not produced any documentary evidence in respect of the TDS deduction made towards payment of professional and technical services as well as payment to contractors. In view of the above, the disallowance made under section 40a(ia) of the Act and confirmed by the ld. CIT(A) stands sustained. Thus, the ground raised by the assessee is dismissed. 8. The next ground raised in the appeal of the assessee for the assessment year 2016-17 in I.T.A. No. 559/Chny/2020 relates to confirmation of disallowance of business expenses of Rs..86,430/-. On verification of the financials of the assessee, the Assessing Officer noted from the profit and loss account that a sum of Rs..86,430....