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2017 (6) TMI 170 - ITAT PUNEDisallowance u/s. 40A(3) - payment made to the truck drivers in cash - Held that:- The assessee has sufficiently explained the circumstances under which the payments have been made to the truck drivers in cash. The Assessing Officer made disallowance by taking a pedantic view of the cash transactions. Where cash payments are made under bonafide conditions and no doubt is raised over genuineness of the payments and the payees are identifiable; no disallowances u/s. 40A(3) is warranted. Thus, in view of the facts of case and various decisions discussed above, we do not find any error in the findings of Commissioner of Income Tax (Appeals) in deleting disallowances made by the Assessing Officer u/s. 40A(3) of the Act. - Decided in favour of assessee. Disallowance u/s. 69C - Held that:- First Appellate Authority has deleted the addition after seeking comments of Assessing Officer on reconciliation statement filed by the assessee. The Assessing Officer has not made any adverse comments or has raised any doubt over the reconciliation statement filed by the assessee in the remand report. The Commissioner of Income Tax (Appeals), accordingly deleted the addition. The ld. DR has not been able to controvert the findings of Commissioner of Income Tax (Appeals) on this issue. We do not find any merit in the ground raised by the Department assailing the findings of Commissioner of Income Tax (Appeals) in deleting the said addition. - Decided in favour of assessee.
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