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TMI Blog2023 (10) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... out to justify the disallowances/additions made except for a general statement that claim of the assessee is not tenable. We have gone through the documents referred by the learned counsel as stated above and find force in the submissions so made. The expenses claimed by the assessee as stated above are legitimate business expenses which are allowable u/s 37(1) (depreciation on car under Section 32 of the Act). The conditions prescribed under Section 37(1) and 32 of the Act have not been violated by the assessee, since, nothing is brought on record by the authorities below as well as by the learned Sr. DR to demonstrate otherwise. Accordingly, we delete the addition/disallowances made by AO for which the assessee is in appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iii) Brokerage paid to Shri Sumit Chitkara for arranging property on rent. Rs. 40,500 iv) Professional charges paid to Shri Rajiv Dutta. Rs. 82,000 -------------- Total Rs, 3,60,000 2.1 Assessee has also raised additional ground vide application dated 25.05.2022 which is as under: Whether the learned lower authorities has grossly erred in law and on facts in making and confirming the following additions: i) For personal use of car, 50% of Rs. 9,603 petrol and maintenance expenses: ii) 1/5th of car depreciation. Rs. 9,070 3. Br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubstantiate that the transaction of loan as well as interest was made by cheque through banking channel. It was also submitted that no addition has been made in respect of the loan amount which was taken during the year. Thus, casual and baseless observation by the authorities below that assessee could not offer any tenable explanation is de void of any merit. The addition so made is ought to be deleted. 5.1 In respect of addition made towards commission paid to Shri Rakesh Tiwari amounting to Rs. 2,10,000. Learned counsel referred to the written submission made before the authorities below as well as to the confirmation, Form 16A, TDS done and bank statement to substantiate and corroborate the claim of commission. It was submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , similar to the line of business in which the assessee is also engaged. Shri Rajiv Dutta out of his qualification and experience assisted the assessee in drawing policies for sales promotions for the assessee. Further, learned counsel referred to various supporting and corroborative documents including reply furnished before the learned Assessing Officer, confirmation letter, forms 16A for the TDS done, bank statement for the payment made by cheque and copy of ITR of Shri Rajiv Dutta who had offered the same in his income. He thus claimed that this is a bona fide legitimate business expense which is ought to be allowed. 5.4 In respect of addition in respect of depreciation of car, learned counsel asserted that depreciation being a statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which it is engaged. We note from the order of learned Assessing Officer that nothing specific has been pointed out to justify the disallowances/additions made except for a general statement that claim of the assessee is not tenable. We have gone through the documents referred by the learned counsel as stated above and find force in the submissions so made. The expenses claimed by the assessee as stated above are legitimate business expenses which are allowable under Section 37(1) of the Act (depreciation on car under Section 32 of the Act). The conditions prescribed under Section 37(1) and 32 of the Act have not been violated by the assessee, since, nothing is brought on record by the authorities below as well as by the learned Sr. DR ..... X X X X Extracts X X X X X X X X Extracts X X X X
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