M/S BIJAY KUMAR SANTOSH KUMAR ,DHANBAD vs. ITO WARD-1(2), DHANBAD
In the result, appeal of the assessee is partly allowed
ITA 78/RAN/2018[10-11]Status: DisposedITAT Ranchi21 May 2019
Bench: Shri Chandra Mohan Gargआयकर अऩीऱ सं./Ita No.78/Ran/2018 (नििाारण वषा / Assessment Year :2010-2011) M/S Bijay Kumar Santosh Kumar Vs. Ito, Ward-(1)2, Dhanbad Bata More, Jharia, Dhanbad-828111 स्थायी ऱेखा सं./ जीआइआर सं./ Pan/Gir No. : Aacfb 1219 L (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri Devesh Poddar, Advocate राजस्व की ओर से /Revenue By : Shri P.K.Mondal, Acit(Dr) सुनवाई की तारीख / Date Of Hearing : 20/05/2019 घोषणा की तारीख/Date Of Pronouncement 21/05/2019 आदेश / O R D E R This Appeal Has Been Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals), Dhanbad, Jharkhand, Dated 24.01.2018 Passed In First Appeal No.16/Dhn/2013-14 For The Assessment Year 2010-2011. 2. The Assessee Has Raised The Following Grounds Of Appeal :- 1. For That The Ld. Cit(A) Was Not Justified In Confirming Disallowance Of Remuneration/Commission Paid To The Partners Smt. Manju Devi Drolia & Smt. Sangeeta Drolia. Remuneration Was Paid As Per Deed Of Partnership & Is An Allowable Expenditure. Disallowance As Confirm By Ld. Cit(A) Is Illegal & Incorrect. Both Were Working Partners Of The Firm. Nothing On Record Was Bought By Ld. A.O. To Contradict This Fact. As Such. Disallowance Made Is Unjustified & Illegal. 2. For That The Consultancy Charges Were Paid, To M/S H. K. Drolia & Company (Chartered Accountant) For Providing Consultancy Charges During The Year Under Consideration. The Same Has Been Paid In Past & Future & No Disallowance Was Made.
For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: Shri P.K.Mondal, ACIT(DR)
Section 143(2)Section 143(3)Section 234A
disallowance made on account of claiming excess depreciation, ld. AR submitted that the assessee claimed depreciation @60% on UPS being part of computer system, however, the authorities below were of the view that depreciation @15% can only be allowed, which is not justified. To support his claim, ld. AR relied on the decision of the Hon’ble Bombay High Court