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2010 (12) TMI 784 - AT - Income TaxClaim of credit on account of TDS - Section 199 - Assessee had stated before the Assessing Officer that he has received the amounts on account of sales made and no contractual receipts were received by the assessee - Assessee had also produced vouchers, bills in this regard - Assessing Officer has also accepted the fact that the assessee is a trader of sulpher and coal tar pitch - Thus, the additions of sales treated as contractual receipt by the Assessing Officer is not justifiable - Decided in favour of assessee. Rule 6DD read with section 40A(3)- he assessee's submissions that the payments were made to truck drivers at odd hours during non-banking hours - Moreover, the truck drivers have refused to accept the cheque payments - Thus, Ld. Commissioner of Income Tax (Appeals) is correct to hold that the payment made to truck drivers is covered under rule 6DD and accordingly, uphold the order of the Ld. Commissioner of Income Tax (Appeals) on this issue. borrowed money for acquisition of immovable assets - Note that the nature of asset which was purchased in this case has not been brought out either in the assessment order or in the Ld. Commissioner of Income Tax (Appeals)'s order - Without examining the nature of asset, adjudication on this issue is not possible - Though the ld. counsel of the assessee submitted that all assets purchased were for business purposes. However, this fact is not emanating out of the records - Thus, remit this issue to the files of the Assessing Officer to examine the issue afresh in light of our direction as above. Vehicle running and maintenance expenses and depreciation on a car - Find that Assessing Officer has disallowed 10% of these expenses on estimate basis on the ground that necessary logbooks were not maintained to establish that vehicles were used exclusively for business purposes. Decided in favour o assessee. Telephone and travelling expenses - Find that disallowance on account of telephone has been made because telephone are also installed at residence of the assessee and travelling expenses also contains certain vouchers which were not proper - Hence, the appeal filed by the revenue is partly allowed for statistical purposes and cross objection filed by the assessee is dismissed.
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