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2017 (3) TMI 576 - AT - Income TaxTDS u/s 194J - non-deduction of tax on the payment of professional fees - contention of the assessee is that the payment made to the lawyers is nothing but the reimbursement of expenses - Held that:- The assessee has claimed the payment for senior counsel from its client separately. The sample bills produced before us for our consideration justify that the assessee is charging the fees from its clients for the counsels separately. Thus the amount of fees collected from the clients in the name of the senior counsel amounts to reimbursement of expenses. Accordingly the claim of the assessee is that he had no share of income out of these counsel payments and accordingly not liable for the TDS deduction. We find force in the argument of the ld AR but at the same time the gamut of the facts of the case needs verification. On this proposition the learned DR fairly did not dispute the same but prayed to restore the matter to the file of the assessing officer for the necessary verification on this aspect. Thus we deem it fit and proper to restore the matter to the file of the assessing officer for adjudication de novo - Decided in favour of assessee for statistical purposes. Unexplained investment addition u/s 69 - Held that:- On perusal of the AO order we find that the assessee has made the payment to the GGPL 2 times in the year under consideration for the purchase of the flats. The 1st payment was of ₹ 9.86 lakh which has been duly disclosed in the balance sheet but the 2nd payment for ₹ 9.50 lakh to the same party and for the same transaction has not been shown in the name of the GGPL in the balance sheet. Non-disclosure of the 2nd payment has created suspicion in the mind of the AO and in the absence of any satisfactory reply from the assessee in this regard, the AO had resorted to treat the same as unexplained investment u/s69 of the Act. There is no dispute that the payment was made to the GGPL for ₹ 9.50 lakh though bank which was disclosed in the return of the assessee. However, the pertinent issue is that the same entry is not reflecting in the balance sheet of the assessee. Therefore, in our considered view the instant issue needs to be re-examined by the AO. - Decided in favour of assessee for statistical purposes.
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