AMIT VINOD BANSAL,,PUNE vs. INCOME-TAX OFFICER, WARD - 9(1),, PUNE
In the result, the appeal of the assessee is partly allowed for statistical purposes
ITA 86/PUN/2018[2012-13]Status: DisposedITAT Pune14 Feb 2019AY 2012-13
Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.86/Pun/2018 िनधा"रण वष" / Assessment Year : 2012-13 Amit Vinod Bansal, Priyamit, Plot 142, Sector 27/A, Pradhikaran, Nigdi, Pune-411044. .......अपीलाथ" / Appellant Pan : Ahjpb9077E बनाम / V/S. Ito, Ward- 9(1), ……""यथ" / Respondent Pune. Assessee By : Shri Sharad Vaze Revenue By : Shri Rajesh Gawali सुनवाई क" तारीख / Date Of Hearing : 05.02.2019 घोषणा क" तारीख / Date Of Pronouncement : 21.02.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-6, Pune Dated 29.09.2017 For The Assessment Year 2012-13. 2. The Grounds Raised By The Assessee Are As Under :- “1. In The Facts & Circumstances Of The Case, The Commissioner Of Income Tax (A) Vi, Has Erred In Law As Well As In Fact In Making The Entire Disallowance Of Rs.9,70,000/- U/S 40A(2)(B) Of The Income Tax Act, 1961. 2. Without Prejudice To Ground No.1 Above, The Commissioner Of Income Tax (A) Vi, Has Erred In Law As Well As In Fact In Enhancing The Disallowance Made By Ao U/S 40A(2)(B) Of The Income Tax Act, 1961. The Enhancement Made By The Commissioner Of Income Tax (A) Vi Be Deleted.
For Appellant: Shri Sharad VazeFor Respondent: Shri Rajesh Gawali
Section 143(3)Section 14ASection 40A(2)(b)Section 44A
80C. As these investments are made out of the income, the same cannot be held to be out of the borrowed funds. Therefore, the AO is directed to delete these investment and rework the disallowance.”
11. Before us, the assessee filed written submissions stating that the investments in PPF account is for claiming benefit of section