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2019 Supreme(Online)(ITAT) 540


आयकर अपील(cid:9)य अ(cid:10)धकरण, अहमदाबाद (cid:18)यायपीठ - अहमदाबाद ।
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD – BENCH ‘D’
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER आयकर अपील स.ं / ITA No. 1655/Ahd/2015 (cid:14)नधा(cid:18)रण वष/(cid:18) Assessment Year: 2011-12
अपीलाथ(cid:23)/ (cid:24)ti यथ(cid:23)/
1(Appellant) (Respondent) Assessee by : Shri T.P. Hemani, and Shri P.B. Parmar, AR Revenue by : Shri Vinod Tanwani, Sr.DR सनु वाई क(cid:27) तार(cid:9)ख /Date of Hearing : 11/01/2019 घोषणा क(cid:27) तार(cid:9)ख /Date of Pronouncement : 01 / 02/2019

ORDER 

PER RAJPAL YADAV, JUDICIAL MEMBER :

Assessee is in appeal before the Tribunal against order of the ld.CIT(A)-9, dated 9.3.2015 passed for the Asstt.Year 2011-12.

2. In the first ground of appeal, the assessee has pleaded that the ld.CIT(A) has erred in confirming the disallowance of Rs.1,50,73,321/- which was disallowed by the AO with the aid of section 40A(2) of the Income Tax Act, 1961.

3. Brief facts of the case are that the assessee at the relevant time was having dealership and service centre of Hyundai Cars. It has filed its return of income on 28.9.2011 declaring total income at Rs.77,34,656/-. The case of the assessee was selected for scrutiny assessment and notice under section 143(2) of the Act was issued and served upon the assessee. On scrutiny of the accounts, the ld.AO harboured a belief that the assessee had shown an increase in expenditure on account of payment towards salary at 177.5% as against an increase of 62.9% in the turnover from the preceding year. He issued a show cause notice to the assessee inviting its explanation as to show the details of person to whom salaries have been paid, falls within the ambit of section 40A(2)(b) i.e. related persons. The ld.AO thereafter compiled a details showing details of persons to whom salaries have been paid in this assessment year vis-à- vis in earlier years. In response to the query of the AO, the assessee has filed a chart containing details of 23 employees; their designation in the company, nature of work undertaken by them, age, qualification and total salary paid to them. These details have been reproduced by the ld.AO on page no.3 to 5 of the assessment order. Such details read as under:

Sr. No.Name of EmployeeDesignationNature of workAgeQualificationTotal Salary
1Dipesh N. SharmaC.E.O.Overall Finance and Working Capital Management29PCDBEM1224720
2Mayur S. SharmaC.E.O.Overall Operation of the Company - sales30M.E. Automobile1236168
3.Jitendrahhai K. SharmaDGM - After SalesOverall Operation of the Company - Service Branches50B. Com.1236168
4.Devendrabhai K. SharmaManager -AdvantageOverall Operation of Advantage Branch53B. Com.627576
5.Prashant D. SharmaManager - Body ShopEffective Operation for Body Shop Department - Naroda28B.A.841930
6Jignesh N. SharmaGM- AccountsOverall operation of Accounts department across all branches27MBA-Family Business1201819
7Bhavesh S. SharmaGM~ SalesOverall Management of Sales - Showrooms - 2 Branches31MBA- Marketing1200000
8Ajay D. SharmaAccounts in charge - NarodaOverall Account Operation of Naroda Branch30B.Com.840000
9Ann Mayur SharmaCRM- SalesCustomer Care & Relationship Management29MBA810000
10Chanda Surendra SharmaInsurance Coordinator - SalesHandling work of Insurance for Sales Branches52B.A.780000
11Chintan Subhash SharmaH.R. ManagerRecruitment and Labour law matters23MBA - HR1200000
12Mahendra K. SharmaSpares in ChargeSpares & Accessories Stock Management55B.Com840000
13Prlyanka Prasant SharmaInsurancve Coordinator -Shy 'am alHandling work of Insurance for Shyamal Sales Branches27M. Com.780000
14Priyanka Uftam SharmaWarranty InchargeWarranty Claims Follow- up, Audit Query replies to HMIL25M.Phil780000
15Pushpa Subhash SharmaCRM - Service (City Workshop)Customer Care & Relationship Management - City Workshop46B.A.780000
16Rajshree Jitendra SharmaAdmin Incharge (Naroda)Housekeeping Security and Overall maintenance Naroda Workshop Branches43B.A.780000
17Santosh Mahendra SharmaClaims Manager - SalesClaims Approval and Outstanding Follow up for Sales related claims to HMJL51B.A.780000
18Sita Narendra SharmaAdmin incharge (Florence)Housekeeping Security and Overall maintenance City Workshop Sales Showrooms47M.Com780000
19Sunita Bhavesh SharmaFinance in chargeOverall Finance - Sales, Outstanding follows for Commission with Finance Companies32M.A.810000
20Sunita Devendrqa SharmaCRM - Service (Naroda Workshop)Customer Care & Relationship Management - Naroda Workshop48B.A.780000
21Uttam M. SharmaG.M.- Services (City Workshop)Overall Management of Sa

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