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2012 (8) TMI 464 - HC - Income TaxDis-allowance u/s 40A(3) - purchase of old bottles through cash - non-confirmation from suppliers - Held that:- A perusal of the records reveals that majority of suppliers had not furnished the information sought for, which renders that assessee had failed to discharge the onus to prove the existence of the parties/suppliers. However, the Tribunal had held that the Commissioner, having accepted that transactions with nine parties were not genuine, ought not to have applied the provisions of section 40A(3) and remitted the matter back to the AO. On re-appreciation of the entire materials available on record, we do not find that the Tribunal had committed any error in passing the said order. Sales promotion expenses - dis-allowance by AO on finding of fact that said payments were bribe paid to TASMAC employees and failure of assessee to substantiate the claim - Held that:- CIT(A) as well as the Tribunal had concurred with the said finding rendered by the AO. Interference in the concurrent finding of fact is unwarranted. Hence, no ground to interfere with the order under challenge - Decided against assessee
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