TMI Blog2015 (6) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... ned that the bills were raised for magazines and brochures which include the cost of paper, printing and binding. The CIT(A) has given a finding that the confirmation from M/s Print-O-Pack Ltd. proves that the payments were made not for the job work or printing charges and in the case of the assessee, it was purchase of magazines and promotional forms and therefore, there was no question of deducting TDS - Decided in favour of assesse. Disallowance u/s 40(a)(ia) - non deduction of TDS on payments made against packing and forwarding charges - CIT(A) deleted the addition while accepting additional evidences - Held that:- The assessee has filed copies of bills and confirmations of parties before the CIT(A). The CIT(A) has given a finding th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... address of these debtor parties and addition is sustained to that extent and the balance addition is deleted - Decided partly in favour of revenue. Addition u/s 2(22)(e) on account of deemed dividend - CIT(A) deleted the addition - Held that:- provision of Section 2(22)(e) was not applicable in the case of the assessee as it is well settled that deemed dividend can be assessed only in the hands of a person who is a shareholder of the lender company and not in the hands of a person other than a shareholder. The issue is covered in favour of the assessee by the decision of Mumbai Bench of the Tribunal in the case of ACIT Vs. Bhaumik Colors Pvt.Ltd. - [2008 (11) TMI 273 - ITAT BOMBAY-E ]. - Decided in favour of assesse - ITA No. 5258/Del/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. 4. Learned counsel for the assessee submitted that it was a clear case of transaction of purchase of books and not job work and therefore, the provisions of Section 40(a)(ia) do not apply to the facts of the case of the assessee. He submitted that no remand report was necessary in this case as suggested by the learned DR. He relied on the order of the CIT(A). 5. We have considered the rival submissions and have perused the order of the Assessing Officer and the CIT(A). We find that in the facts of the case, no remand report was necessary to adjudicate the issue before the CIT(A). We find that the assessee has filed copies of bills pertaining to M/s Print-O-Pack Ltd. The same were on account of purchases of magazines and promotional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction and also no address or permanent account number was given of these parties so as to enable the Assessing Officer to make independent enquiries. She submitted that the onus was on the assessee to prove which the assessee has failed to discharge. She submitted that the expenditure being packing and forwarding charges falls under the category of job work and contract and therefore, the provisions of Section 194C were applicable to the case of the assessee. 8. Learned counsel for the assessee has opposed the submissions of the learned DR. He submitted that the Assessing Officer never required to produce the bills before him and therefore, the same could not be produced before the Assessing Officer. However, it was a clear transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and in the circumstances of the case and law, the ld.CIT(A) has erred in deleting the addition of ₹ 11,55,465/- made on account of unverified bad debts while accepting additional evidences and not calling for a report from the AO thereon. 11. Learned DR submitted that the onus was on the assessee to prove the unverified bad debt amounts and the additional evidence was accepted by the CIT(A). 12. Learned counsel for the assessee submitted that there was no correspondence with the debtor parties and no record of address of debtor parties was available with the assessee. However, as per the details of the bad debts, the amounts due from various parties were very small and therefore, it was not advisable to initiate legal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ajkot) 24,548.00 7. English Edition Publishers Distt. (Mumbai)(4/n) 5,80,601.00 8. Circle News Agency (Ghaziabad) 94 24,067.00 9. Children Book Centre Pvt.Ltd. (Patna)(1/a) 67,055.00 10. Balaji Book Distributor (Chennai) 42,522.00 Total 9,36,598.00 14. Accordingly, the amount of ₹ 9,36,598/- is disallowed on account of failure of the assessee to provide any copy of correspondence with these parties and also failure to communicate the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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