Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL
Before: SHRI BEFORE SHRI G.D. AGRAWALG.D. AGRAWALG.D. AGRAWAL & G.D. AGRAWAL & AND & SHRI KULDIP SINGH SHRI KULDIP SINGHSHRI KULDIP SINGH SHRI KULDIP SINGH
PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP :- PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP This appeal by the assessee for the assessment year 2008-09 is directed against the order of learned CIT(A)-XXII, New Delhi dated 9th November, 2012.
The first ground of the assessee’s appeal reads as under:-
“On the facts and circumstances of the case and under law, the CIT(Appeals) was not justified for confirming the addition of Rs.71,110/- & Rs.1,939/-.”
3. We have heard the submissions of both the sides and have perused relevant material placed before us. The Assessing Officer has disallowed 1/5th out of car expenses and telephone expenses. The 2 ITA-2175/Del/2013 assessee is a partnership firm. The personal use of the car as well as of the telephone cannot be ruled out. Therefore, we do not find any justification for 1/5th disallowance out of car and telephone expenses. The same is sustained. Ground No.1 is rejected.
Ground Nos.2 & 3 of the assessee’s appeal read as under:-
“2. On the facts and circumstances of the case and under law, the ld.CIT(Appeals) erred in law for not granting the credit for TDS and advance tax paid.
On the facts and circumstances of the case and under law, the ld.CIT erred for not considering/allowing the carry forward of previous year’s losses.”
We have heard the submissions of both the sides and have perused relevant material placed before us. We are of the opinion that both the above matters need re-examination at the end of the Assessing Officer. We direct the Assessing Officer to examine the tax deducted at source from the assessee as also advance tax paid by the assessee and allow the credit for the same as per law. Similarly, we also direct the Assessing Officer to examine whether there is any carry forward loss available from earlier years. If it is so, then set off the same in accordance with law.
In the result, the appeal of the assessee is deemed to be partly allowed for statistical purposes. Decision pronounced in the open Court on 21.01.2016.