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TMI Blog2023 (6) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... the entire addition and therefore no interference is called for. Accordingly, ground no. 1 of revenue is dismissed. Addition of credit card expenses - assessee failed to reconcile the credit card payment with the information available in AIR for the year under consideration even during the remand proceedings - CIT-A deleted the addition partly - HELD THAT:- CIT(A) noted that the appellant has filed additional evidence proving that the credit card payments mostly related to travelling expenses account but the amount mentioned in the credit card payment details did not tally with the travelling expenses detail. In such a situation of mismatch the CIT(A) rightly held that the credit card payment relate to travelling expenses as well as ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. Therefore, we are constraint to hold that no interference is called for in the first appellate order on this issue as the ld. CIT(A) has noted correct. Decided against revenue. - ITA No.7338/Del/2019 - - - Dated:- 16-6-2023 - Shri Chandra Mohan Garg, Judicial Member And Shri M. Balaganesh, Accountant Member For the Revenue : Shri T. James Singson, CIT(DR) For the Assessee : Shri R. M. Mehta, CA ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of CIT(A)-34, New Delhi dated 27.06.2019 for AY 2012-13. 2. The grounds of appeal raised by the revenue are as follows:- 1. On the facts and in the circumstances of the case to each Ground and in law, the Ld.CIT(A) has erred in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee has not earned any exempt income during the year therefore the ld. CIT(A) was right in deleting the addition by following the judgments of Hon ble jurisdictional High Court of Delhi in particularly in the case of Cheminvest Ltd. vs .CIT 378 ITR 33 (Del.). 4. On careful consideration of above, we are inclined to hold that undisputedly rather admittedly the assessee has not earned and claimed any exempt income therefore in view of prepositions rendered by Hon ble jurisdictional High Court of Delhi including the judgment in the case of Cheminvest Ltd. vs. CIT (supra) no disallowance u/s. 14A of the Act, r.w.r. 8D of the Rules is called for. Hence we are inclined to hold that the ld. CIT(A) was right and justified in deleting t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of ld. CIT(A) may kindly be upheld. 7. On careful consideration of submissions, we note that the Assessing Officer made disallowance and addition on the basis of AIR information and by observing that the appellant has failed to reconcile the credit card payment made through American Express bank credit card. The ld. CIT(A) considered and admitted additional evidence and remand report of the Assessing Officer was called but the Assessing Officer simply objected to the admission and credence of the additional evidence without making any adverse comment against the assessee. The ld. CIT(A) noted that the appellant has filed additional evidence proving that the credit card payments mostly related to travelling expenses account but the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs. 12,47,758/- made by the AO on account of interest income not offered to tax, without considering the fact that assessee failed to reconcile the same with the information available in AIR for the year under consideration even during the remand proceedings. He submitted that the ld. CIT(A) has dismissed stand of the Assessing Officer without any basis therefore impugned first appellate order may kindly be set aside by restoring that of the Assessing Officer on this issue. 10. The ld. counsel submitted that the ld. CIT(A) in paras 8.1 to 8.4 rightly appreciated the facts and circumstances of the issue and thereafter rightly held that the appellant filed details of interest others and offered the same for taxation and therefore he ri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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