2025 (4) TMI 2185

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....t : Sh. Rajesh Kumar Dhanesta, Sr. DR ORDER PER SATBEER SINGH GODARA, JM This assessee's appeal for assessment year 2018-19, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)- 12, Mumbai's DIN and order no. ITBA/APL/S/250/2023- 24/1061122525(1), dated 19.02.2024, involving proceedings under section 143(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act....

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....isallowance of INR 56,916,238 under Section 40(a)(i) of the Act without appreciating the facts that INR 56,916,238 relates to payments made to residents, hence only INR 17,074,871 (i.e., 30% of INR 56,916,238) is required to be disallowed instead of INR 56,916,238. 2. That on the facts and circumstances of the case and in law, The Ld. AO/Hon'ble CIT(A) failed to appreciate that the Ap....

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.... to appreciate that it has correctly disclosed the amount of INR 56,916,238 in clause 21b(ii) [relating to residents] of the physically signed tax audit report uploaded as an attachment along with online Tax Audit Report on income tax e filing portal. Disallowance of labour Welfare Fund of INR 8,930 under section 36(1) (va) of the Act Poupe Ald 5. On the facts and circum....

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.... Appellant prays for appropriate relief based on the said grounds of appeal and the facts and circumstances of the case." 3. Coming to the assessee first and foremost substantive ground challenging section 40(a)(ia) disallowance, learned counsel's solitary substantive argument is that its corresponding computation had already disallowed the same @30%; involving payments to the resident recipien....