TaxTMI 
TaxTMI 
2022 (8) TMI 1479
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....10-11. 2. The Revenue in its Appeals have raised the following grounds: IT(SS)A No. 125/Ahd/2016 - A.Y. 2009-10 "1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in law and/or on facts in deleting the addition of Rs.2,55,51,604/- on account of warehouse rent being excessive payment to persons covered u/s. 40A(2)(b) and not expedient to business expenditure. 2. On the facts and in the circumstances of the case and in law, the CIT(A) ought to have upheld the order of the A.O. 3. It is, therefore, prayed that the order of the CIT(A) be set aside and that of the AO be restored to the above extent." IT(SS)A No. 126/Ahd/2016 - A.Y. 2010-11 "1. On the facts and in the circumstances of the ....
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.... facts in disregarding the material placed before him and holding that the action u/s. 142(2A) of the Act for assigning the case for special audit at the fag end of limitation for completion of assessment was not to unlawfully extend the limitation and that the assessment was not barred by limitation due to illegal exercise of invoking S. 142(2A) of the Act" C.O. No. 99/Ahd/2016 - A.Y. 2010-11 "1. The learned CIT(A) has erred in law and on facts in refusing to expunge the AO's unwarranted observation in the assessment order imputing "non-cooperative attitude" on the part of the appellant holding that there is no positive evidence on record justifying expungement thereof and in holding that no prejudice is caused to the appellant on ac....
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....ade addition of Rs.2,86,59,222/- towards warehouse rent charges and Rs.18,10,538/- as disallowance towards Repairs & Maintenance as well as disallowance of interest expenses on sourced loan of Rs.41,08,110/- under Section 36(1)(iii) of the Act. 4. Being aggrieved by the assessment order the assessee filed appeal before the CIT(A). The CIT(A) partly allowed the appeal of the assessee. 5. The Ld. DR submitted that the CIT(A) erred in deleting the addition on account of warehouse rent being excessive payment to persons covered under Section 40A(2)(b) and not expedient to business expenditure. 6. The Ld. DR submitted that it is an admitted fact by the assessee that there is no agreement in writing for the rent with Sister Concern and others.....
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....lable on record. As regards ground no.1 for A.Y. 2009-10 & 2010-11 related to 40A(2)(b) of the Act, the disallowance on account of warehouse rent being excessive payment was rightly deleted by the CIT(A) as the assessee has given the details related to warehouse expenditure on rent thereby filing the details of related to entry/payment of the corresponding receipts along with cheques. The CIT(A) has taken cognisance of the same referring to the bills and invoices towards warehouse rent and recipient as party has already paid due tax thereon. Therefore, ground no.1 for A.Y. 2009-10 and 2010-11 of Revenue's appeals are dismissed. 9. As regards ground no.2 of Revenue's appeal in A.Y. 2010-11 the CIT(A) has rightly observed that CFS bill accou....