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2014 (11) TMI 651 - ITAT JODHPURDisallowance u/s 40(a)(ia) – Held that:- The assessee is only an agent, who would arrange trucks and freight in directly paid by the consignees to the transporter - There is no sub contract while can attract the provisions of Section 194C of the Act - The building is on ‘to pay’ basis – in CIT vs. United Rice Land Ltd. [2008 (5) TMI 142 - PUNJAB AND HARYANA HIGH COURT] the same has been decided - the provisions of Section 194C and 40(a)(ia) are not attracted – the order of the CIT(A) is upheld – Decided against revenue. Addition u/s 69A - cash payments to M/s. Shekhawati Filling Station – Held that:- CIT(A) was rightly of the view that the AO has made the addition purely on the basis of ledger account of the appellant as appearing in the books of account of M/s. Shekhawati Filling station account of purchase of diesel / petrol - there is no such entries in the books of account of the appellant - It is also not a case of the AO that he has obtained copy of some of the bills of purchase of diesel/petrol by the appellant and he has made payments to such bill out of his undisclosed income and the same has not been reflected in the books of account - As per the books of account of the assessee, there is no violation of section 40A(3) of the Act, as payment were by different vehicles to the filling station - All the payments are fully verifiable and all the expenses are held as genuine – the order of the CIT(A) is upheld – Decided against revenue. Unexplained cash credits u/s 68 – Held that:- CIT(A) rightly recorded that there is difference on the dates of withdrawal from the bank account of the appellant and in the cash book of the appellant - The AO treated the entry of cash u/s 68 of the Act as the appellant could not give evidence for the source of such deposits - there is sufficient cash balance before all the dates on which the appellant shown cash deposits - the accountant of the appellant as inadvertently has shown the cash deposits before the date of withdrawal from the bank cannot be ruled out - there is also no evidence that the cash withdrawn from the bank has been expended for some other purposes – the order of the CIT(A) is upheld – Decided against revenue. Addition u/s 68 - Cash receipts on sale of trucks – Held that:- The party from whom the assessee has received ₹ 5 lakhs against sale of the Truck has confirmed the date of payment - The sale of truck is not in dispute - The AO has not brought any evidence on record to prove that the amount received by assessee was utilized same where else – the order of the CIT(A) is upheld – Decided against revenue.
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