Case Law Details
Anand And Anand Vs ACIT (ITAT Delhi)
The appeal has been filed by the Assessee against order dated 21.02.2019 in appeal no. 10238/2017-18 for the assessment year 2015-16 passed by Commissioner of Income Tax (Appeals)-20, New Delhi (hereinafter referred to as the First Appellate Authority or in short ‘Ld. F.A.A.’) in regard to the appeal before it arising out of assessment order dated 15.12.2017 u/s 143(3) of the Income Tax Act, 1961 passed by ACIT, Circle 63(1), New Delhi (hereinafter referred to as the Assessing Officer ‘AO’).
2. The assessee is a firm Legal Professionals. Return of income was filed declaring income of Rs. 23,01,41,110/- and the case was selected under compulsory Manual Scrutiny. Apart from disallowance of Rs. 69,76,701/- shown in the balance sheet as statutory liability on account of TDS payable certain other additions by way of disallowances of expenditure were made by Ld. AO and in appeal the Ld. CIT(A) has sustained the disallowance Rs. 69,76,701/-, which has been challenged before this Tribunal by raising following grounds of appeal :-
“1. That the Authorities below erred in making an addition of Rs. 69,76,701/- to the returned income on account of TDS payable as on 31.03.2015, contrary to the facts of the case and law.
2. That the authorities below erred in not holding that the provisions relating to the assessee ’s responsibility for deduction and deposit of tax at source were part of provision for collection and recovery of tax and not of computing sections of total income and therefore out of preview of section 145 of the Income Tax Act, 1961.
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