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2015 (9) TMI 220 - AT - Income TaxDisallowance of expenditure of “Additional discount/rate difference” - appellant has not furnished any evidence to support its claim - Held that:- It is for the assessee to concide as per its agreements and the law in force. However whether on facts, it was demanded over and above the normal discount agreed to as per agreements this claim if made by the assessee has to be demonstrated by some cogent evidence. The arguments advanced is that the payments were withheld on the said aspect there is no evidence and the claim has been rejected for want of evidence. However if for moment it is presumed that the argument is correct in such an eventuality also the reasons on record for withholding should be supported by some evidence. This long chain of inference which the ld. AR wants us to draw is too far-fetched an inference without any independent evidence which the assessee would want to press for. It is for the assessee to know the actual facts which for reasons best known to the assessee he does not want to place on record. In the present proceedings we are not required to address the reasons why M/s Sudhir Gensets Ltd. does not want to come forward and the assessee is reluctant to place any evidence from the so-called affected party. The assessee’s reluctance to address the same is a motive which we do not want to conjecture suffice it to conclude that the claim has rightly been rejected on facts. Since the payments were withheld the assessee could have claimed as a bad debt and the debit notes placed on record amount to the writing of these claims. These arguments have been opposed by the Ld. Sr. DR that no such claim was made before the AO and nor has it been raised by way of a ground and have only come as an afterthought deserve to be accepted. Since the so called dispute itself is not established before us we find that the claim put forth as an aftherthough has to be rejected as the evidence does not inspire any confidence. - Decided against assessee.
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