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TMI Blog2022 (1) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... o not see any reason to interfere in the decision of the authorities below. Therefore, ground raised by the assessee is dismissed. - ITA No. 6352/Del/20170 - - - Dated:- 18-1-2022 - SHRI KUL BHARAT, JUDICIAL MEMBER Appellant by : None Respondent by : Sh. Om Parkash, Sr.DR ORDER Per Kul Bharat, JM This appeal filed by the assessee for the assessment year 2014-15 is directed against the order of Ld. CIT(A)-16, New Delhi dated 21.08.2017. The assessee has raised following grounds of appeal:- 1) On the facts and circumstances of the case, the order passed by the learned Commissioner of Income Tax (Appeals) [CIT(A)] is bad both in the eye of law and on facts. 2. On the facts and circumstances of the case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... returned by the Postal authority with remark left without address . The assessee has not furnished any new address to the Registry. Therefore, the appeal was taken up for hearing in the absence of the assessee and being disposed off on the basis of material available on record. 3. The only effective ground in this appeal is against the confirming of addition of ₹ 3,00,000/- made by the Assessing Officer ( AO ) on account of disallowing the partners remuneration u/s. 40(b) of the Income Tax Act, 1961 ( the Act ). FACTS OF THE CASE 4. Facts in brief of this case are that the assessee filed its return of income through electronic mode declaring total income of ₹ 3,08,983/-. The same was processed u/s. 143(1) of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on if decided by both the partners. The amount shall be decided from time to time in writing. He submitted that even this clause does not qualify the requirement u/s. 40(b) of the Act. 8. I have heard the Ld. Sr. DR and perused the material available on record and gone through the orders of the authorities below. I find that the AO has followed the Circular issued by CBDT i.e. Circular No. 739 dated 25.03.1996. The assessee in its grounds of appeal has relied upon the decision of the Hon'ble Himachal Pradesh High Court rendered in the case of Durga Das Devki Nandan in ITA No. 4 of 2005 dated wherein Hon'ble High Court held as under:- 9. In ITA 9 of 2005 decided on 2.9.2009 titled as Commissioner of Income-tax, Shimla vs. M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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