M/S. B.M.T. PROFILE,MAYURBHANJ vs. ACIT, BALASORE CIRCLE, BALASORE
In the result, appeal of the assessee is partly allowed
ITA 339/CTK/2018[2010-11]Status: DisposedITAT Cuttack06 Jun 2019AY 2010-11
Bench: Shri Chandra Mohan Gargआयकर अऩीऱ सं./Ita No.339/Ctk/2018 (नििाारण वषा / Assessment Year :2010-2011) M/S Bmt Profile, Vs. Acit, Balasore Circle, Bhanjpur, Ward No.2, Baripada, Balasore Mayurbhanj, Odisha स्थायी ऱेखा सं./ जीआइआर सं./ Pan/Gir No. : Aahfb 8131 A (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) यनधागररती की ओर से /Assessee By : Shri P.R.Mohanty, Ar राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई की तारीख / Date Of Hearing : 16/05/2019 घोषणा की तारीख/Date Of Pronouncement 06/06/2019 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of Cit(A), Cuttack, Dated 28.06.2018 Passed In First Appeal No.0295/2015-16 For The Assessment Year 2010-2011. 2. Ld. Assessee Representative(Ar) Submitted That The Assessee Does Not Want To Press The Grounds No.1, 2, 4 & 5, Hence, The Same Are Dismissed As Not Pressed. 3. Remaining Sole Effective Ground Of Assessee For Adjudication I.E. Ground No.3 Reads As Follows :- “3. For That, The Denial Of Deduction Of Salary To Partners & Interest To Capital Contribution Deserves To Be Allowed On The Ground That, There Has Been No Violation To Section 184(5) For Completing The Assessment Under Section 144.” 4. Ld. Ar Has Also Filed An Application Dated 16.05.2019 For Admission Of Additional Ground, Which Reads As Under :-
For Appellant: Shri P.R.Mohanty, ARFor Respondent: Shri Subhendu Dutta, DR
Section 143(3)Section 144Section 145Section 184(5)Section 263
50,229/- was disallowed by holding that the assessee was not able to establish that these vehicles had been used in a business of running them on hire and, therefore, claim for excess depreciation was not valid in terms of item
III(3)(ii) of the New Appendix 1 of I.T. Rules, 1962. Ld. AR further submitted that the assessee