Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 385 - AT - Income TaxDisallowance of outstanding labour charges to various contractors - Held that:- The assessee files a chart showing identical unpaid labour charges paid/accepted in assessment years 2008-09 to 2012-13; respectively. We reiterate that these random cases duly confirm to have made available their services at respective BSNL offices. There is no dispute raised about their identity since identity cards form part of the case file. There are many other confirmations in the same backdrop of facts. It transpires from page 100 of the paper book that assesse’s net profits since Assessment Year 2005-06 to Assessment Year 2011-12 read 4.19%, 6.29%, 5.27%, 5.21%, 3.52%, 3.85 and 4.59% respectively. The Revenue seeks to cast doubts on these documents by reiterating the lower authorities’ findings. However, it fails to controvert the above referred specific evidence. We take into account all this material and find that on facts well as consistency, the assessee has been able to prove its claim in question of the outstanding labour charges of ₹ 29,37,728/- to have been incurred in carrying out his contractual assignments. The Revenue’s arguments on mere assumptions and presumptions accordingly stand rejected. The impugned disallowance is deleted. - Decided in favour of assessee.
|