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2014 (11) TMI 654 - ITAT JODHPURDeletion made u/s 40(a)(ia) – JCB disallowed because of failure to deduct TDS at the time of payment /credit of the expenses – Held that:- No TDS was outstanding and payable at the time of the due date of filing the return u/s. 139(1) of the Act – Following the decision in Shri Piyush C. Mehta Versus The ACIT Mumbai [2012 (4) TMI 349 - ITAT MUMBAI] It has been held that the amendment to the provisions of section 40(a)(ia) of the Act is retrospective w.e.f. 01/04/2005 - CIT(A) was also of the same view while deleting the disallowance made by the AO – the order of the CIT(A) is upheld – Decided against revenue. Commission expenses disallowed – expenses debited through internally prepaid vouchers and supporting evidences not furnished – Held that:- CIT(A) rightly was of the view that the expenses cannot be said as excessive or unreasonable – it is comparable from the preceding years - AO made the disallowance without providing opportunity of hearing to the assessee and it was not the case of the AO that the commission payment made in the preceding assessment years were also disallowed – the order of the CIT(A) is upheld – Decided against revenue. Unexplained cash credits u/s 68 - creditworthiness of the creditors and genuineness of transactions not proved – Held that:- CIT(A) was rightly of the view that the assessee had filed the confirmation and affidavits of the creditors in which they have confirmed of having given the amount to the assessee and the credit claimed in the names of four creditors had already been squared up and no amount was outstanding - merely on this basis that the assessee did not produce the creditors before the AO, the creditors could not be treated as unexplained and undisclosed income of the assessee particularly when there was no corroborating evidence to support findings -CIT(A) rightly deleted the addition when the creditors disclosed their particulars and confirmed that they have given loan to the assessee in their duly sworned affidavits – the order of the CIT(A) is upheld – Decided against revenue.
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