Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2017 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 1709 - RAJASTHAN HIGH COURTDeduction u/a 10BA - ITAT allowed the claim - Held that:- The record which was available with the A.O. is required to be taken into consideration and the tribunal while considering the matter has taken into consideration the seven documents, more particularly D.L.C. Certificate which could be procured easily and the other documents like export licence which has been granted w.e.f. 02.09.2002 and registration certificate granted by C.T.O. w.e.f. 26.08.2002. He has also produced the muster roll register. In that view of the matter, the tribunal has considered the complete facts in detail. It will not be appropriate to re-appreciate the facts, more particularly when the tribunal has observed that the discussion which has been done by the A.O. have not been specifically rebutted by the Department. - Decided in favour of assessee. Deduction u/s 40(a)(ia) towards payment made to c/f agent and work job work contractors - non deduction of tds - Held that:- Since it was reimbursement, in our considered opinion, the tribunal has not committed error in allowing the appeal of the assessee. The further contention by the department if it is reimbursement, it will be open for the department to examine the matter on merits and take independent view considering law prevailing on the date on which situation arises. Unexplained investment u/s 69 - Held that:- The facts of the case were rightly appreciated by the tribunal and the tribunal has not committed serious error in taking into account the stock value on the date and subsequently carried forward. - Revenue appeal dismissed
|