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TMI Blog2021 (7) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... ar disallowances under section 80(IA) rws 10AA(9) on account of not claiming interest and remuneration on partners capital, was made by assessing officer in the assessment for A.Y. 2012-13.[ 2019 (5) TMI 1880 - ITAT SURAT] however, on appeal the disallowances were deleted by Ld. CIT(A) by following the order of jurisdictional high Court in Alidhara Taxpro Engineering (P) Ltd [ 2009 (3) TMI 74 - GUJARAT HIGH COURT] and decision of Tribunal in ACIT Vs Mukta Enterprises [ 2018 (12) TMI 597 - ITAT SURAT] as held CIT(A) was right in observing that the disallowance made by the AO on account of non provision of interest and remuneration of s. 10AA of the Act deduction is erroneous and incorrect and law and facts as in the peculiar facts of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on the facts and circumstances of the case and in law, the CIT(A) is justified in not appreciating the fact that by not providing interest and remuneration to the partners, the firm has claimed higher profits leading to higher claim of deduction u/s 10AA of the Act and thus, devoiding the revenue from due amount of tax? 3. On the facts and circumstances of the case, the Ld. CIT(A) ought to have upheld the order of the assessing officer. 4. It is, therefore, prayed that the order of the Ld. CIT(A) may be set aside and that of assessing office may be restored to the above extent.. 3. At the outset of hearing the learned (AR) for the assessee submits that the grounds of appeal raised by the revenue is covered in favour of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tracted below; 5. We have heard the rival submissions and perused the relevant material on record. We find that the AO has relied on the order of Rajkot Bench in the case of Meridian Impex 37 taxmann.com 22 (2013) but the facts of that case are different from the facts and circumstances of the present case as in that case there was a specific loss in the partnership deed regarding payment of interest on capital and partner s remuneration in the original partnership deed submitted during scrutiny proceedings. Subsequently, a supplementary/addenda to said partnership deed was made amending the said clause providing the clause of non-payment of interest on capital and remuneration to the partners, which was not submitted before AO during a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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