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TMI Blog2018 (1) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... disallowance on estimate basis. No material is placed on record that the vehicles were used by the assessee for other than the business activity - AO was not justified in disallowing the depreciation and insurance on cars. Further, the AO made disallowance on ad hoc basis in respect of conveyance and travelling expenses, student welfare expenses and also without bringing any material evidence on record. Direct the AO to delete this disallowance. Disallowance made by invoking provisions of section 40(a)(ia) - Held that:- As in case of CIT vs. Ansal landmark [2015 (9) TMI 79 - DELHI HIGH COURT] it has been confirmed the findings of the Tribunal that if the recipient had offered thepayment for taxation no disallowance u/s 40(a)(ia) can be m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roviso to section 12A(2) of the Act, the registration though granted from the date of application also applicable on all the cases pending as on the date of registration and therefore the same is also application in the assessment year under consideration. 5. That on the facts and in the circumstances of the case the Ld. Assessing Officer erred in not excluding 15% of the receipt available for set-apart while calculating total income of the assessee. 2. Briefly stated facts in respect of the additional grounds are that during the assessment proceedings the assessee claimed deemed registration u/s. 12A. Hence requested for exemption u/s 11 12 of the Act, the said request of the assessee was rejected by the AO.On further appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rounds of appealas under: 1.That on the facts and in the circumstances of the case the Ld. CIT(A) erred in maintaining following disallowance out of the various expenses: S. No. Nature of Expenses Amount (Rs.) 1 Out of car Running maintenance Expenses 28,351 2 Out of depreciation 75,736 3 Out of conveyance Expenses 58,263 4 Out of Insurance Expenses 10,683 1,73,033 The expenses as dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disallowance on ad hoc basis in respect of conveyance and travelling expenses, student welfare expenses and also without bringing any material evidence on record. We, therefore, direct the AO to delete this disallowance. 10. Now coming to ground No.2.1 2.2 against the disallowance made by invoking provisions of section 40(a)(ia). 11. Apropos ground no.2.1, the Ld. AR has relied upon the judgment of Hon'ble Allahabad High Court referred in the case of Victor Shipping P. Ltd. This judgment has been over ruled by the Hon'ble Apex Court in the case of Palam Gas Services vs. CIT vide judgment dated 3rd May 2017, Thus, ground 2.1 is rejected. 12. Apropos ground no.2.2, the counsel for the assessee reiterated the submissions m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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