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2012 (9) TMI 399 - AT - Income TaxDis-allowance u/s 40(a)(ia) - non-deduction of TDS - assessee placing reliance on decision in case of Merliyn Shipping & Transports (2012 (4) TMI 290 - ITAT VISAKHAPATNAM) - Held that:- Since, Section 40(a)(ia) is applicable only amount payable as on 31st March of year under consideration, hence, issue is remained only to verify the facts of what amount was paid during the previous year and what was payable as on 31st March of previous year of the relevant AY. Therefore, the A.O. is directed to verify the amount paid and payable and to consider the findings given by the CIT (A) the genuineness/authenticity of the expenses claimed has not been proved Addition u/s 68 - source of capital introduced during the year - part of it explained through gift received from his father out of sale proceeds of agricultural land - addition made in absence of evidences - Held that:- During proceedings assessee contended the same to be advance against sale proceeds of agricultural land. Matter is set aside to the A.O. to give one more opportunity to the appellant to produce the evidence - Decided in favor of assessee for statistical purposes
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