2022 (5) TMI 46

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....of the Act was upheld. 2. In this case the return ofincome was filed by the Assessee on dated 23.09.2013 by declaring the income of Rs. 3,89,390/-, which was processed and completed on dated 05.06.2015 by assessing at an income of Rs. 4,13,770/- u/s 143(3) of the Act as against the returned income of Rs. 3,89,390/-. 2.1 Later on, on perusal of the details filed during the course of assessment proceeding, it was revealed by the AO that a partnership deed dated 04.04.1993 was filed along with other details on dated 01.05.2015 from where it appears that the partnership deed had not authorized any payment of interest to any partner. However, the Assessee had claimed deduction of Rs. 13,47,480/- being interest paid to the partners in its compu....

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.... of interest and salary to partners and raised the issue that though the Assessee vide letter dated 06.03.2017 furnished with ASK on 10.03.2017 submitted a copy of the supplementary partnership deed for perusal of the AO, however, the AO without taking cognizance of the same passed an order on dated 08.03.2017 without giving proper opportunity to the Assessee. 3.1 The Ld. Commissioner could not find any reason to admit the additional evidence under Rule 46A of the IT Rules (in short the Rule) and without prejudice to the above decision u/s 46A of the Rules, decided the case on merits also and confirmed the disallowance of Rs. 13,47,800/- by holding that hearing u/s 154 of the Act was fixed by the ld. AO on dated 06.03.2017. However, on the....