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2013 (5) TMI 197 - AT - Income TaxAddition on accommodation entries - search and seizure action at the business and residential premises of Sh. S.K. Gupta, along with various concerns in which he and his family members were interested - CIT deleted the addition - Held that:- No infirmity in the order of CIT(A) as the main basis of the AO for making the disallowance is the statement of Shri S.K. Gupta. However, CIT(A) has recorded the finding that in his statement Shri S.K. Gupta has never mentioned that the bills issued by M/s ERA Advertising and Marketing Co.Pvt.Ltd. and M/s Hamara Samay T.V. News Network Pvt.Ltd. to Ajay Home Products Pvt.Ltd., i.e., the assessee, were in the nature of accommodation entries. The assessee has filed confirmation certificate from M/s Hamara Samay T.V. News Network Pvt.Ltd. in which the details of telecast of the advertisement of the appellant were given. The assessee had filed the confirmation of both the parties, copy of CD of the advertisement film, copy of the bills of advertisement, all the payments were made by cheque, copy of bank statement and complete vouchers relating to advertisement expenses were furnished. It was also stated by the learned counsel that on these payments of advertisement expenses, TDS was deducted at source and moreover, service tax was also paid. The CD containing the text of advertisement was also produced. Considering these facts, the CIT(A) rightly held that the assessee has discharged its onus of proving that the payment to M/s ERA Advertising and Marketing Co.Pvt.Ltd. and M/s Hamara Samay T.V. News Network Pvt.Ltd. was towards actual advertisement expenses and not accommodation entries. No nfirmity in the order of CIT(A). Revenue's appeal dismissed.
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