9911796707
TMI Blog2023 (1) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... would verify the correctness of the claim of the that the audit report has been revised and a correct figure has now been mentioned in the audit report relating to payment of bonus. AO would therefore decide the issue as per law. Ground nos. 1 2 are allowed for statistical purposes. Disallowance of deduction claimed u/s 80-TTA regarding interest earned on savings bank account - HELD THAT:- Disallowance was made purely on the ground that no evidence was furnished. However, it is the contention of the assessee that the interest was in fact earned and the assessee was also having the bank pass book, which duly reflected the interest from savings bank account. Considering the totality of the facts, this ground is also restored to the fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icularly when the Form 3CB has been revised and the appellant did not get reasonable opportunity to submit the same. III. For that the Ld. Commissioner (Appeal) failed to appreciate that the disallowance of amount of Rs.5,632/- is not proper since the said amount is nothing but the interest on the Savings Bank Account and the said amount is within the allowable limit of deduction and the same cannot be added back more particularly when the appellant was in his possession the Pass Book reflecting the said amount of interest and the appellant did not get the reasonable opportunity to submit the same. IV. For that the Ld. Commissioner (Appeal) failed to appreciate that the appellant was eligible for deductions of customary bonus in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,300/- and the appellant had revised the audit report reflecting the said amount Rs. 4,15,300/- which was submitted on 8.8.2022. Learned counsel submitted, therefore, the assessee was not provided adequate opportunity by the learned CIT(Appeals). 4. On the contrary learned Sr. DR opposed the submissions and supported the orders of the authorities below. He contended that the assessee himself had filed a wrong audit report and no certificate by the Chartered Accountant has been filed. 5. I have heard the rival submissions and perused the material available on record. It is stated in ground no. 2 of the assessee s appeal that the revised audit report was submitted on 8.8.2022. However, the impugned order was passed on 4.8.2022. Looking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such sum was otherwise payable to him as profit or dividend[36(1)(ii)J . This variance is due to non-disallowance by the appellant in ITR in view of qualification made by the Auditor in TAR at clause no. 21(a). Section 36(1 )(ii) provides that 36(1) The deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28- (ii) any sum paid to an employee as bonus or commission for services rendered, where such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission. The provision is abundant clear that if any sum is paid to an employee as bonus or commission for services render ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ank interest under chapter VIA. Perusal of Income Tax Return reveals that the appellant has declared interest income from saving bank account at Rs. 5,632/- under the head IFoS and claimed deduction u/s 80JJAA of the Act in the return of income. Section 30JJA of the Act provides deduction in respect of employment of new employees for which the appellant is not eligible. Thus, the CPC has rightly denied the deduction claimed u/s 80JJAA of the Act. Now, the appellant has argued that he is entitled for deduction u/s 80TTA of the Act without correcting the data by way of revising / rectifying the return of income, which can t be entertained. In fact, the appellant has not made any submission stating that an incorrect claim has been made in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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