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2025 (2) TMI 86

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..... treated as personal expenses and so far regarding the festival expenses are concerned are incurred for performing Pooja at office premises etc may be taken and allowed as business expenditure and no disallowance required. There is no any evidence on record of travelling expenses, so deserves to be deleted. Regarding the TDS issued, the learned AO is directed to reconsider the TDS mismatch and due credit for the tax paid accordingly. Appeal of the assessee is allowed.
Shri S.Rifaur Rahman, Accountant Member And Shri Sudhir Pareek, Judicial Member For the Appellant : Dr. Rakesh Gupta, Advocate, Sh. Deepesh Garg, Advocate And Ms. Sonali Muarya, Advocate For the Respondent : Ms. Harpreet Kaur, Sr. DR ORDER PER SUDHIR PAREEK, JM The afo .....

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..... facts in not allowing the credit of prepaid taxes amounting to Rs. 81,329/-. 6. The appellant craves the leave to add, modify, amend or delete any of the grounds al at the time of hearing and all the above grounds are without prejudice to each other. 3. Heard the rival submissions and carefully perused the material available on record. 4. So far the ground No.1 and 2 are concerned these are related with an estimated is allowance of Rs. 3,00,000/- on account of alleged unverifiable purchases and disallowance of Rs. 1,00,000/- on account of direct expenses. 5. In this regard, it appears from perusal of assessment order that during the course of assessment proceedings, the assessee / appellant was asked to produce books of accounts, bills .....

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..... ined. It was further submitted that the accounts of the assessee are audited and auditors have not made any adverse observations in either of the audits for the reason that there were complete books of accounts supported by adequate vouchers and had the expenses not been supported by the vouchers, the auditors would have given adverse comments and in the absence of any adverse comments from the auditors demonstrate that all the purchases were duly documented and vouched. He further contended that when requisite details were furnished and examined by the learned AO and yet no details were given as to which vouchers/ bills are missing and such a vague observation not empowered the learned AO to make ad-hoc disallowances without there being an .....

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..... confirmed by the learned CIT(A) under the head vehicle expenses, festival expense, travelling expenditure telephone expenses and conveyance expenses, it is submitted that there are expenses incurred with the running of the business and no personal element can be attributed to these expenses and since these expenses of conveyance and small repairs have been self vouched, we find that 1/10th of the telephone expenses and conveyance expenses may be treated as personal expenses and so far regarding the festival expenses are concerned are incurred for performing Pooja at office premises etc may be taken and allowed as business expenditure and no disallowance required. There is no any evidence on record of travelling expenses, so deserves to be d .....

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