SHRI ANURAG RASTOGI,KANPUR vs. INCOME TAX OFFICER- 3(1), KANPUR

ITA 360/LKW/2019Status: DisposedITAT Lucknow06 September 2019AY 2014-155 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal deleted the ad hoc disallowance as it was not warranted under the law. The issue of advertisement expenses was remitted back to the Assessing Officer for re-adjudication after confronting the assessee. The disallowance of interest expenses was reversed.

What were the facts?

The assessee's appeal was delayed by 721 days due to being wrongly advised to file a petition under Section 264. The Assessing Officer made ad hoc disallowances without pointing out defects in the books. The CIT(A) upheld some additions and restricted others.

What were the issues?

Whether ad hoc disallowances can be made without rejecting books of account, and whether disallowances on account of advertisement expenses and interest expenses are justified.

Which sections of the Income-tax Act were involved?

Section 264,Section 133(6),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘SMC’, LUCKNOW

Before: SHRI T. S. KAPOOR

For Appellant: Shri Swarn Singh, C.A
For Respondent: Shri Ajay Kumar, D.R
Hearing: 04/09/2019Pronounced: 06/09/2019

This appeal has been filed by the assessee against the order of learned CIT(A)-I, Kanpur dated 09/06/2017 pertaining to assessment year 2014-15. In this appeal the assessee has raised the following grounds:

“1. That the order of learned CIT(A)-1, Kanpur is bad in law, unsustainable and deserves to be quashed.

2.

That the direction contained in the order of learned CIT(A) purportedly enhancement of income is wholly unwarranted, without giving any notice for enhancement of income to the assessee therefore, is insupportable in law and on facts and deserves to be set aside.

3.

That the additions/disallowance sustained by the learned CIT(A) are unjustified, contrary to the principles of natural justice and equity and in any case m

The order continues below.

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