matter in appeal before the ld.CIT(A). The ld.CIT(A) has deleted the
disallowance by observing that similar expenditure were disallowed ... essential in running factory smoothly and the ld.CIT(A) has rightly
deleted disallowance. It is also pertinent to note that in the past similar
disallowed u/s 40A(2)(b) of
the Act
(iv) Disallowance of 50% of commission paid to USHA India Ltd.
amounting ... assessee's ground challenging the disallowance and upheld the
disallowance.
(vi) With respect to disallowance of Rs. 23,96,717/- regarding Art
work related
exclusively for the
purpose of its business the sustaining the disallowance by the
learned CIT(Appeals) is on mis-appreciation of facts, arbitrary,
erroneous ... purpose
of its business, the sustaining of the disallowance by the
learned CIT(Appeals) is arbitrary, excessive, erroneous and bad
in law.
c. That
order and the written submission of
the appellant. The AO has disallowed the commission paid to foreign agents by holding that the
income arising ... partly allowed."
3.4. In view of the aforesaid discussion, the disallowance of commission payment to the aforesaid
foreign agents
computed the
disallowance u/s 14A of the Act on two counts namely disallowance
of interest under Rule 8D(2)(ii) and disallowance towards
administrative ... disallowance u/s 14A before Ld. CIT(A) and partly succeeded. Ld.
CIT(A) deleted the interest disallowance made under Rule
foreign commission agent
for which commission was paid by the assessee. No copy of Agreement or
documentary evidences in support of commission payment ... agreement with foreign commission agent, identity of commission agent
and evidences pertaining to services rendered by the foreign commission
agent having nexus with the business
exclusively for the
purpose of its business the sustaining the disallowance by the
learned CIT(Appeals) is on mis-appreciation of facts, arbitrary,
erroneous ... purpose
of its business, the sustaining of the disallowance by the
learned CIT(Appeals) is arbitrary, excessive, erroneous and bad
in law.
c. That
exclusively for the
purpose of its business the sustaining the disallowance by the
learned CIT(Appeals) is on mis-appreciation of facts, arbitrary,
erroneous ... purpose
of its business, the sustaining of the disallowance by the
learned CIT(Appeals) is arbitrary, excessive, erroneous and bad
in law.
c. That
exclusively for the
purpose of its business the sustaining the disallowance by the
learned CIT(Appeals) is on mis-appreciation of facts, arbitrary,
erroneous ... purpose
of its business, the sustaining of the disallowance by the
learned CIT(Appeals) is arbitrary, excessive, erroneous and bad
in law.
c. That
CIT(Appeals) while passing
the order for AY 2005-06 and following the said order, the CIT(A) has
confirmed disallowance in the instant case ... order of CIT(A) for AY 2005-06, the CIT(A) has restored
the matter to the AO to recompute the disallowance of interest
