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issue pertains to disallowance of payments made by the respondent - assessee to Shri Faraz G. Joshi in the form of salary / perquisites. AO noted thatsearchaction was also carried out in the residential premises of Shri Faraz G. Joshi who claimed to be one of the Directors of the respondent - assessee. Statement of Shri Faraz Joshi was recorded under Section 132(4) of the Act. According to the assessing officer, Shri Joshi was not attending the office of the respondent - assessee for the last six years and no duties were assigned to him except some consultation. Moreover, respondent - assessee failed to provide any details regarding the nature and character of consultation. Accordingly, assessing officer held that payments made to Shri Joshi in the form of salary / perquisites was not expended wholly and exclusively for the purpose of business of the respondent - assessee. Accordingly, an amount of Rs. 3,00,00,000.00 claimed as paid to Shri Joshi as salary / perquisites was disallowed being not expended wholly and exclusively for the purpose of business of the respondent - assess it is for the assessee to decide whether any expenditure should be incurred in the course of his or its business. Such expenditure may be incurred voluntarily and without any necessity as decided by Supreme Court in thecaseofSassoon J. David & Co. Pvt. Ltd. Vs. CIT, 118 ITR In the light of the above, we do not find that question Nos.1 to 4 as proposed by the Revenue raise any substantial question for consideration of the Court. Consequently, the said questions are not admitted for adjudication.

Shanti Prime Publication Pvt. Ltd.

Sec. 37(1) of Income Tax Act, 1961—Business Expenditure— Assessing officer disallowed the salary paid by assessee to its director on the ground that the director was not attending the office of the assessee for the last six years and no duties were assigned to him except some consultation. Moreover, assessee failed to provide any details regarding the nature and character of consultation. Assessee preferred appeal before the Commissioner of Income Tax (Appeals). The CIT(A) disallowed the amount claimed paid as salary and the order passed by the assessing officerwasupheld.  Assessee carried the matter further in appeal before the Tribunal. Tribunal deleted the addition and set aside the order of the assessing officer as affirmed by the first appellate authority. Court find that Tribunal relied upon the order of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) dated 04.12.2014 in the assessee’s own case and deleted the additions made by the assessing officer. Court have been informed that Commissioner of Customs has assailed the finding returned by the CESTAT before the High Court of Gujarat in Tax Appeal. --- Pr. CIT. vs. VVF LTD.[2020] 23 ITCD Online 90 (BOM)

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