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TMI Blog2014 (5) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... ) ought to have given the AO an opportunity to verify the same and submit his remand report – it has not been done by the CIT(A), the order of the CIT(A) is set aside and the matter is remitted back to the AO for redetermination of the disallowance – Decided in favour of Revenue. - ITA No.1653/Hyd/13 - - - Dated:- 7-5-2014 - Shri B. Ramakotaiah And Smt. Asha Vijayaraghavan,JJ. For the Appellant : Shri B. Yadagiri DR For the Respondent : Shri T. Chaitanya Kumar ORDER Per Smt. Asha Vijayaraghavan, Judicial Member: This appeal by the Revenue is directed against the order of the Commissioner of Income-tax(Appeals) II, Hyderabad dated 02.9.2013 for the assessment year 2009-10. 2. Grievance of the Revenue in this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3,59,400, as the assessee could produce confirmations to that extent only. Accordingly disallowing an amount of Rs.32,88,550 invoking the provisions of S.40A(3) of the Act, the Assessing Officer completed the assessment on a total income of Rs.75,86,580, as against the returned income of Rs.42,98,030, vide order of assessment dated 16.12.2011, passed under S.143(3) of the Act. 4. On appeal, the CIT(A) sustained disallowance of only Rs.40,000 relating to two transactions of Rs.20,000 each, and directed the Assessing Officer the delete the balance amount of disallowance, with the following observations- 6.1 Not all the students were given any concessions in the form of scholarships, ticket incentives. Only some of them are provided wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny merit in disallowance made by the Assessing Officer. However, cash payments made of Rs.40,000/- (two transactions of Rs.20,000 each) is disallowed u/s. 40A(3). Accordingly, the Assessing Officer is to allow Rs.32,48,550. Aggrieved by the relief granted by the CIT(A), Revenue is in appeal before us, with the grounds, already extracted in para 2 above. 5. We heard both sides and perused the orders of the Revenue authorities. We find that the disallowance of expenses in the form of ticket incentives has been made by the Assessing Officer for want of confirmation letters and even basic information such as names, addresses and PAN of the recipients of the said incentives, claimed as expenditure by the assessee. A plain reading of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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