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2013 (6) TMI 50 - HC - Income TaxGenuineness of expenses claimed as deduction - 5 out 17 sample vouchers given by assessee were not bearing any signature of recipient & most of payments were in cash - freight & transportation expenses - held that:- On being satisfied that there was cogent material available on the record to sustain the say of the assessee and in absence of any reason to disallow such claim when both (CIT(A) and ITAT) of them concurrently held such an issue in favour of the assessee, we see no reason to interfere. - The entire issue is based on factual matrix with no perversity in the findings of these authorities. - No question of law much less any substantial question of law arises. - Decided against the revenue. Payment to drivers and helpers - held that:- CIT(A) and ITAT have dealt with the issue of disallowance of 10% daily allowance given to the drivers appropriately on the basis of substantive material available in support thereof. It can also further be noted that the Tribunal was right in holding that it is next to impossible to expect these drivers and helpers to maintain supporting evidences and vouchers in respect of their food and miscellaneous expenses. Again with nothing on record to hold such expenses as non-genuine or not for the business, both the authorities have is also rightly concluded. - Decided against the revenue. Clearing and forwarding expenditures - held that:- With regard to the clearing and forwarding expenses and general labour charges, the truck association fees, etc. were not required to be recovered from the end-users. However, those which were paid towards clearing and forwarding charges, were necessarily recovered from the end-users. Eloquently, the facts vindicated the stand taken by both the CIT (Appeals) and the Tribunal in setting aside the conclusion of the Assessing Officer. We see absolutely no reason to interfere with as both the authorities have given cogent reasonings while concluding the said issue. - decided against the revenue.
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