← All Phrases

Section 17(2)(iv)

Section References (mined)Section 17Section 17(2)(iv)9 judgments

AJAY JAIN,LUCKNOW vs. ACIT-3, LUCKNOW

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 388/LKW/2024[2016-17]Status: DisposedITAT Lucknow04 Jul 2025AY 2016-17

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2016-17 Ajay Jain, Vs. Acit-3, A-22, Sector J, Aliganj Extension, Lucknow New Lucknow, U.P. Pan:Aaqpj0273N (Appellant) (Respondent) Assessee By: Sh. Ashwini Kumar, C.A. Revenue By: Sh. Sunil Kumar Rajwanshi, Addl Cit (Dr) Date Of Hearing: 23.04.2025 Date Of Pronouncement: 04.07.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Jcit(Appeals)-13, Mumbai Under Section 250 Of The Income Tax Act, 1961 On 27.05.2024 Dismissing The Appeal Of The Assessee Against The Order Of The Ld. Ao Passed Under Section 143(3) Of The Income Tax Act On 15.12.2018. The Grounds Of Appeal Are As Under:- “1. That The Learned Lower Court Erred In Dismissing The Appeal On The Facts & In The Circumstances Of The Case. 2. That The Appeal Filed U/S 250 Should Have Been Accepted By The Learned Lower Court. 3. Learned Lower Court Erred In Confirming The Addition Made In The Order Passed U/S 143(3) Ignoring The Various Replies & Evidences Filed Before The Learned Assessing Officer. 4. That Learned Lower Court Erred In Making Addition Of Rs 5,47,960/- Against Payments Made For Credit Card Being 10% Of The Total Payments Made To Cr Cards When No Expenses Were Claimed By The Appellant In Its Own Return. 5. That The Additions Made Are Bad In Law On The Facts & Legal Aspects Of The Case. 6. That The Addition Made Are Too Excessive, Arbitrary & Without Any Basis. 1 Ajay Jain A.Y. 2016-17 7. That The Order Passed Is Against The Merit, Circumstances & Legal Aspects Of The Case. 8. That The Appellant Seeks Permission To Modify And/Or Add Any Other Ground Or Grounds Of Appeal As The Circumstances Of The Case Might Require Or Justify.”

For Appellant: Sh. Ashwini Kumar, C.AFor Respondent: Sh. Sunil Kumar Rajwanshi, Addl CIT (DR)
Section 143(3)Section 250

business of the firm, they are potentially liable to be added back in his hands as a perquisite within the meaning of section 17(2)(iv). Of course, if the assessee makes out a case that these represent expenditures incurred for the business of the firm, these are not liable