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2018 (12) TMI 752 - AT - Income TaxAddition on account of Training Fees & Royalty Payments - Held that:- We confirm the stand of first appellate authority in deleting the addition on account of Training Fees & Royalty Payments. The payment on account of survey fees has been confirmed by the first appellate authority in the impugned AY. However, the aforesaid payment made by assessee in AY 2008-09 as well as in AY 2012-13 is also covered in the grounds raised by the revenue for those years wherein the Tribunal has confirmed the deletion of quantum addition by first appellate authority. This being the case, the aforesaid addition on account of survey fees also stands deleted. The grounds raised by assessee, in this regard, stands allowed whereas grounds raised by revenue stands dismissed. Addition of cash credit u/s 68 - Held that:- As already noted that the complete onus to prove the fulfillment of primary ingredients of Section 68 viz. identity, creditworthiness and genuineness was upon assessee and the same, on factual matrix has remained un-discharged to a great extent. Since the revenue has agitated the relief provided by Ld. CIT(A) in violation of Rule-46A, we deem it proper to set aside the findings of appellate authority and restore the matter back to the file of Ld. AO for readjudication as per law. The assessee is directed to substantiate its stand with requisite documentary evidences and demonstrate the fulfillment of primary ingredients of Section 68. The allowance of interest payment is consequential in nature which would be adjudicated as per the stand taken by revenue against loan creditors. Resultantly, the grounds urged by revenue as well as by assessee, in this regard, stands allowed for statistical purposes. Quantum addition u/s 40A(3) - CIT-A deleted the addition - Held that:- Not a valid ground to delete the addition without verification of factual matrix. The complete onus to substantiate the arguments advanced by the assessee rested upon him and Ld. CIT(A) erred in shifting the onus of the same on Ld. AO. Therefore, the matter stands remitted back to the file of Ld. AO for verification of submissions made by the assessee before first appellate authority and re-adjudicate the same as per law with a direction to the assessee to substantiate the same. Ground of revenue’s appeal stands allowed for statistical purposes
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