Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 781 - AT - Income TaxTDS u/s 194H - Addition u/s 40(a)(ia) - assessee is only a distributor and an intermediary between the service provider and the retailer - deduction of TDS in respect of incentive/commission/discount to the retailers of re-charge vouchers/coupon - HELD THAT:- The assessee made payment to that M/s. Adeeco Flexion. Considering the judicial decisions as cited above, we set aside the impugned order of CIT(A) and remand the issue back to AO and the AO is directed to verify the fact regarding the payment of the tax by the recipient and if the AO finds that the recipient has included the amount in the total income in its return of income and paid taxes thereon, then the disallowance made by the AO by invoking the provisions of section 40(a)(ia) be deleted. We confirm the order of CIT(A) and dismiss this ground of appeal of revenue. Disallowance u/s 40(a)(ia) on contractual payment - HELD THAT:- The assessee made payment to that M/s. Adeeco Flexion. Considering the judicial decisions as cited above COMMISSIONER OF INCOME TAX-1 VERSUS ANSAL LAND MARK TOWNSHIP (P) LTD. [2015 (9) TMI 79 - DELHI HIGH COURT], we set aside the impugned order of Ld CIT(A) and remand the issue back to AO and the AO is directed to verify the fact regarding the payment of the tax by the recipient and if the AO finds that the recipient has included the amount in the total income in its return of income and paid taxes thereon, then the disallowance made by the AO by invoking the provisions of section 40(a)(ia) of the Act be deleted. Unexplained cash credit - advance money for purchase of goods - HELD THAT:- Advance made by the payer in this relevant assessment year as well as the fact that the goods for the amount in question has been sold by the assessee and the entire amount was adjusted in the next assessment year has not been found to be false even though brought to the notice of the department the assessee has discharged the onus casted upon it u/s. 68 of the Act. The facts narrated above has been corroborated by the assessee by placing these documents before us by producing the ledger account of M/s. Trisita Cellular which has been found placed and ledger account of M/s. Trisita Cellular for AY 2013-14 along with copies of invoice raised by the assessee found placed which goes on to show that the assessee has squared up by adjusting the sales of the goods for the amount which it has received as advance, therefore, no addition u/s. 68 is warranted and the same is directed to be deleted. - Decided in favour of assessee.
|