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2014 (11) TMI 549 - AT - Income TaxDeletion of addition u/s 40(a)(ia) – payments made for masonary and centering work – Held that:- AO while disallowing the expenses had noted that the expenses were incurred in cash and Assessee was liable to deduct the tax before making the payment – Assessee contended that the persons to whom the payments were made, were the employees of Assessee and there was employer employee relationship and further since the payments was less than prescribed limit, Assessee was not required to deduct TDS - the submission of Assessee for not deducting TDS was not taken before AO - there is no finding of CIT(A) on the submission of Assessee that there existed employer employee relationship and the payments were below the prescribed limit - the aspect needs to be examined at the end of AO – thus, the matter is remitted back to the AO for examination – Decided in favour of revenue. Unexplained credits in the form of advances from various customers – Held that:- AO has made the addition after considering the statements given by the various creditors and on the basis of the books of accounts - assessee submitted that the statement and evidences were recorded at the back of the Assessee and the Assessee was not granted an opportunity to cross-examine the persons – the submissions of the Assessee has not controverted by Revenue - in view of the principle of natural justice, Assessee should be granted on opportunity to cross-examine the persons whose statements have been relied by AO – thus, the matter is remitted back to the AO to grant an opportunity to the Assessee to cross-examine the creditors and also make available evidences on which he has relied for making the additions – Decided in favour of revenue. Addition made – Capital contribution not reflected in bank statement – Held that:- AO had made the addition of ₹ 6 lacs for the reason that the amount of capital contribution was not reflected in the bank statement of the partners - assessee contended that the amount was received from Shri Vajubhai Jani and for which Assessee has also placed on record the copy of the confirmation from Vajubhai Jani and the copy of his bank account – the documents were not before the AO – thus, the matter is remitted back to the AO for verification – Decided in favour of revenue.
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