MANGLA LAND DEVELOPMENT CORPORATION,BARODA vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-5, BARODA

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ITA 1998/AHD/2016Status: DisposedITAT Ahmedabad06 September 2019AY 2010-114 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that if the firm and the partner are assessed to the same tax rate and the partner has already paid tax on the amount, the addition made in the hands of the assessee should be deleted. The matter was set aside to the AO for verification.

What were the facts?

The assessee paid professional fees of Rs. 27,57,500/- to a partner who made extra efforts for the firm's business. The Assessing Officer disallowed this expenditure, and the CIT(A) confirmed the disallowance.

What were the issues?

Whether professional fees paid to a partner for extra efforts can be disallowed, and if so, whether it leads to double taxation.

Which sections of the Income-tax Act were involved?

Section 40(A)(2),Section 37(1)

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Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SHRI MAHAVIR PRASAD & SHRI WASSEM AHMED

For Appellant: Shri Vijay Ranjan, AR, Shri L. P. Jain, Sr. DR

आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद । 1.Date of dictation on 28.08.2019 2.Date on which the typed draft is placed before the Dictating Member 29.08.2019 3.Date on which the approved draft comes to the Sr. P.S./P.S. 05.09.2019 4.Date on which the fair order is placed before the Dictating Member for pronouncement 06 .09.2019 5.Date on which the fair order comes back to the Sr.P.S./P.S 06.09.2019 6.Date on which the file goes to the Bench Clerk 06.09.2019 7.Date on which the file goes to the Head Clerk…………. 8.The date on which the file goes to the Asstt. Registrar for signature on the order…………………… 9.Date of Despatch of the Order………

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