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TMI Blog2014 (5) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... ating to Rs.36,47,950, debited to Profit & Loss Account, in terms of S.40A(3) made by the Assessing Officer. Grounds of the Revenue in that behalf read as follows- "1. The order of the CIT(A) is erroneous in facts and law. 2. The CIT(A) ought to have upheld the order of the AO. 3. The ld. CIT(A) ought to given an opportunity as the admitted the additional submissions/confirmation letters with regard to the incentives availed by the students under Rule 46A to the Assessing Officer during the appellate and upheld the principles of natural justice. 4. ....." 3. Facts in brief are that the assessee is engaged in the business activity of consultancy services, acting as a bridge between the universities in U.K. & US and the Indian Students, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing similar kind of incentives. The appellant also produced the names of all 104 students who were placed for the Post-Graduation programme. He also filed 38 confirmations many of which were already filed before the Assessing Officer. The appellant also produced account copy of the payments where the entire payment was made through banking channels, through HSBC, Orient Bank of Commerce and ABN Amro Bank, these payments were made to travel agents viz. Travelers Bridge and Baghdadi Torus. There were only two cash payments amounting to Rs.48,500. After going through the 38 confirmations given by the students which are copies of e-mail sent by them, it appears that they are genuine as the same are sent on different dates and drafting, content ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered further material furnished by the assessee before him. Though the powers of the CIT(A) are coterminous with that of the Assessing Officer, and he is empowered to entertain any fresh evidence adduced by the assessee, in all fairness, before going into the merits of such evidence, the CIT(A) ought to have given the Assessing Officer an opportunity to verify the same and submit his remand report thereon. Since the same has not been done by the CIT(A), we find merit in the grievance of the Revenue in the present appeal. We accordingly set aside the impugned order of the CIT(A), and remit the matter to the file of the Assessing Officer, to redetermine the disallowance, if any warranted, after considering totality of evidence that the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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