TaxTMI 
TaxTMI 
2024 (6) TMI 378
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....20/10/2022, rejected the grounds raised for disallowing the Rs 1,82,763/- u/s 14A r.w. ruled 8D which is wrong and unwarranted, uncalled for bad in law and hence should not be sustain under the facts and circumstances of the case. 2. For that, the order of the Ld. CIT(A) NFAC dismissing the appeal as per order dated 20/10/2022 of Rs 6,65,523/- u/s 40(a)(ia) was also wholly unjustified and unwarranted and bad in law under the facts and circumstances of the case. 3. For that, the order of the Ld. CIT(A) NFAC dismissing the appeal as per order dated 20/10/2022 of Rs 4,12,988/- u/s 43B was also wholly bad in law unwarranted and uncalled for under the facts and circumstances of the case. 4. For that, without considering the additional g....
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....enses as claimed by the assessee in following manner: "i. Disallowance of wrongly claimed expenditure u/s 14A/8D of Rs. 1,82,763/-. ii. Disallowance of expenditure on unapproved gratuity scheme of Rs. 5,94,573/-. iii. Disallowance of expenditure u/s 40(a)(ia) for failure to deduct tax of Rs. 6,65,523/-. iv. Deposit of employees contribution to PF & ESI beyond due date of Rs. 4,52,535/-. v. Disallowance of leave encashment not paid within specified date of Rs. 4,12,988/-. vi. Disallowance of penal charges for default in payment of statutory dues of Rs. 3,07,830/-. vii. Disallowance of donation expenditure not related to business of Rs. 4,25,000/-. viii. Undisclosed commission income deducted from 26AS of Rs. 18,968/-."....
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....e grounds taken by the assessee. 7. We after going through the facts of the case and perused the record find that instant disallowance of Rs. 1,82,763/- as made by AO which was applying rule 8D while framing the assessment order was correct since assessee has failed to furnish the details of fund utilized for making such investment whether those from loans and on its own funds before the AO as well as ld. CIT(A). Therefore, both the lower authority has no other option but to sustain the order passed by the ld. AO on this issue. Even before us, the assessee has failed to controvert the fact by producing any supported document to prove the fact in its favour. Therefore, we do not find any infirmity in the order passed by the ld. CIT(A) on th....
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....pse assessee could not deduct TDS and had no objection to the proposed disallowance made by the AO. Therefore, sustaining the order of AO by ld. CIT(A) is correct and accordingly we dismiss the ground taken by the assessee on the instant issue involved. 10. Ground no. 3 is in relation with leave encashment where assessee has failed to pay leave encashment to the employees amounting to Rs. 4,12,988/- before the date of filing of return u/s 139(1) of the Act as required u/s 43B of the Act which according to the assessee is unjustified, unwarranted and bad in law. The contention of the ld. DR on this issue brought to our notice that while passing the order by the ld. AO, the assessee itself accepted its mistake and offer the same for disallow....