R.K. Bali, A.M. - (1.) THESE four cross-appeals relating to asst. yrs. 1986-87 and 1987-88 involve common points and are, therefore, disposed of by a common order for the sake of convenience. All these four appeals are directed against the combined order dt. 6th Dec., 1991, passed by the CIT(A)-V, Ahmedabad. TTA No. 804/Ahd/1992 for asst. yr. 1986-87
(2.) ITA Mo. 804/Ahd/1992 is the appeal by the assessee wherein the substantive grounds taken are as under: (i) The learned CIT(A) has erred in confirming the addition of Rs. 60,65,033 of the income of the assessee made by the AO by invoking the provisions of s. 41(1) of the Act. (ii) The learned CIT(A) has erred in confirming the disallowance of Rs. 6,46,286 under Section 43B of the Act. (iii) The learned CIT(A) has erred in holding that the assessee is liable to pay interest under Section 215 and while calculating the interest the addition of Rs. 60,65,033 made by the AO under Section 41(1) of the Act was not required to be excluded. TTA No. 805/Ahd/1992 for asst. yr. 1987-88 Ita No. 805/Ahd/1992 is the appeal by the assessee wherein the substantive grounds taken are as under: (i) The learned CIT(A) has erred in confirming the addition of Rs. 18,03,132 to the income of the assessee made by the AO by invoking the provisions of Section 41(1) of the Act. (ii) The learned CIT(A) has erred in confirming the disallowance of Rs. 8,28,069 under Section 43B of the Act. (iii) The learned CIT(A) has erred in confirming the disallowance of Rs. 78,664 made by the AO under Section 40A(5) of the Act. (iv) The learned CIT(A) has erred in holding furniture allowance of Rs. 12,000 paid to Shri S.G. Gandhi, an employee, was a perquisite and includible as such while considering the disallowance under Section 40A(5). (v) The learned CIT(A) has erred in confirming the disallowance of Rs. 21,868 being club expenses incurred by the chief executive of the company in connection with the business. (vi) The learned CIT(A) has erred in holding that the assessee is liable to pay interest under Section 215 and while calculating the interest the additions of Rs. 18,03,132 and Rs. 8,28,069 under Section 43B were not required to be excluded. Ita No. 861/Ahd/1992 for asst. yr. 1986-87
(3.) ITA No. 861/Ahd/1992 is the appeal by the Revenue wherein the substantive grounds taken are as under: The learned CIT(A) has erred in law and on facts- (i) In deleting the disallowance of Rs. 17,347 made under Section 37(3) of the Act. (ii) In directing to exclude the disallowance made under Section 43B from the total income while calculating interest under Section 215 of the Act. ITA No. 862/Ahd/1992 for asst. yr. 1987-88;