Garg Trading Co., Rohtak vs. ITO, New Delhi
In the result, the appeal filed by the assessee is allowed
ITA 6865/DEL/2015[2011-12]Status: DisposedITAT Delhi31 May 2016AY 2011-12
Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 2011-12 M/S. Garg Trading Co. , C/O- N.C. Vs. Income Tax Officer, Ward-1, New Garg, Chartered Accountant, M.G. Delhi Road, Rohtak Gir/Pan : Aaffg5606F (Appellant) (Respondent) Appellant By S/Sh. Gautam Jain & Piyush Kumar Kamal, Advocates Respondent By Smt. Rishpal Bedi, Jcit (Dr) Date Of Hearing 18.04.2016 Date Of Pronouncement 31.05.2016 Order Per O.P. Kant, A.M.: This Appeal Of The Assessee Is Directed Against Order Dated 13/11/2015 Of Learned Commissioner Of Income-Tax (Appeals), Rohtak, For Assessment Year 2011-12, Raising Following Grounds: 1. That The Learned Commissioner Of Income Tax (Appeals) Has Erred Both In Law & On Facts In Sustaining Disallowance Of Rs. 169829/- Representing The Alleged Excess Salary Paid To The Partner By Invoking Clause (V) Of Section 40(B) Of The Act. 1.1 That The Learned Commissioner Of Income Tax(Appeals) Has Failed To Appreciated That The Salary Paid To The Partners Was In Terms Of Clause (9) Of The Deed Of Partnership Dated 12.04.2007 Which Had Been Allowed Consistently In Preceding & Succeeding Assessment Years And, Therefore, Disallowance Made Is Illegal, Invalid & Untenable. It Is, Therefore, Prayed That Additions Sustained Of Rs. 169829/- Be Deleted & Appeal Of The Appellant May Kindly Be Allowed.
Section 143(3)Section 40
…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘G’: NEW DELHI BEFORE SH. I.C. SUDHIR, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER Assessment Year: 2011-12 M/s. Garg Trading Co. , C/o- N.C. Vs. Income Tax Officer, Ward-1, New Garg, Chartered Accountant, M.G. Delhi Road, Rohtak GIR/PAN : AAFFG5606F (Appellant) (Respondent) Appellant by S/sh. Gautam Jain & Piyush Kumar Kamal, Advocates Respondent by Smt. Rishpal Bedi, JCIT (DR) Date of hearing 18.04.2016 Date of pronouncement 31.05.2016 ORDER PER O.P. KANT, A.M.: This appeal of the assessee is directed against order dated 13/11/2015 of learned Commissio…