2022 (12) TMI 72

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.... A. Grounds relating to dis-allowance of remuneration paid to working partners. 1. The learned Assessing Officer erred in dis-allowing the remuneration paid to the workings partners. 2. The learned Assessing Officer failed to appreciate the fact that the working partners had paid tax on the sums received by them at maximum marginal rate. B. Grounds relating to treatment of refundable professional fee as income. 3. The learned Assessing Officer erred in considering refundable professional fee as income of the Appellant. 4. The learned Commissioner(Appeals) erred in observing that the Appellant failed to provide evidences to show that the said professional fee was refundable, despite the Appell....

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....the partnership firm. Accordingly, the Assessing Officer disallowed the deduction claimed by the assessee towards payment of remuneration to the partners. He submitted, once the deduction is disallowed at the hands of the partnership firm, the remuneration paid cannot again be taxed at the hands of the partners. He submitted, since, the partners had offered the remuneration received as income, they filed rectification applications under section 155 of the Act before the Assessing Officer and the Assessing Officer has passed orders under Section 155(1A) of the Act rectifying the assessment of the partners by reducing the income received by way of remuneration, thereby, granting the desired relief at the hands of the partners. He submitted, s....

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....ng Officer for examining assessee's claim of deduction under section 80G of the Act with reference to the evidences filed. 10. The learned Departmental Representative did not object to assessee's submission for restoration of the issue to the Assessing Officer. 11. We have considered the submissions of parties and perused the materials on record. 12. Facts on record reveal, the assessee had claimed deductions under Section 80G of the Act in the return of income. However, the Assessing Officer overlooked assessee's claim. Before learned Commissioner (Appeals), though, assessee did not raise any specific ground on the issue, however, in the written submission assessee not only raised the issue but furnished supporting evidences. Howe....