TMI Blog2015 (10) TMI 1002X X X X Extracts X X X X X X X X Extracts X X X X ..... statements under Rule 46A(1)(a) as additional evidence in view of the settled law as laid down in the judicial pronouncements. These documents deserve to be admitted for the purpose of adjudication of the present appeal. In the remand report submitted by the ld. A.O, we find that the AO has acknowledged the receipt of letter dated 15/12/2008 but has denied the receipt of letter dated 24/12/2008. However, in the remand report the ld.A.O has accepted the acknowledgement of the documents. Further, we observe that all the payments made to the channels have been made vide account payee cheques only. We, therefore, do not find any infirmity in the order passed by the ld. CIT(A). We, therefore, uphold the order of the ld. CIT(A) and the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are as under: The assessee during the relevant assessment year was carrying on with the business of Cable Networking Services. The assessee filed its return of income on 29/11/2006 declaring total income at nil, which was processed u/s 143(1). This case was selected for scrutiny and notice u/s 143(2) of the I.T. Act, 1961 was issued. The assessee in its return had incurred following expenditure under the head Pay Channel Expenses: Sony Package 1,22,68,262.00 ESPN Package 68,70,519.00 Star Package 1,78,47,027.00 Zee Package 86,05,829.00 Total 4,55,91,637 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s regarding the pay channel expenses. Ld.DR submits that the assessee could not produce any proof nor could adduce any evidence to substantiate the claim in spite of several opportunities afforded to the assessee. 9. On the contrary the ld. AR submits that the observations of the AO in the assessment order are factually incorrect and contrary to the material placed on record. It has been submitted that the entire details of pay channel expenses have been placed on record duly substantiated by bank statements showing debit of pay channel payments as well as TDS certificates issued by the assessee company. 10. The ld. AR submitted that the appellant company, since it s incorporation is in the business of distribution of channel signals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenses as well as the bank statement and TDS certificates furnished by the assessee company no discrepancy or defects have been observed and pointed out by the AO. 12. We have perused the records and the paper book filed before us. It is observed from the assessment order that the AO himself records that the books of accounts were called and the same has been examined on the test check basis. Further it is observed that the details called for were submitted by the assessee and the same has been examined. The ld. CIT(A), however, forwarded the submission made by the assessee to the AO and had called for the remand report. The AO submitted the remand report dated 02.07.2010. It appears from the remand report that the assessee has not fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. which was placed on record during the assessment proceedings. The ld. CIT(A), therefore, admits the TDS certificates and the bank statements under Rule 46A(1)(a) as additional evidence in view of the settled law as laid down in the judicial pronouncements. These documents deserve to be admitted for the purpose of adjudication of the present appeal. 14. In the remand report submitted by the ld. A.O, we find that the AO has acknowledged the receipt of letter dated 15/12/2008 but has denied the receipt of letter dated 24/12/2008. However, in the remand report the ld.A.O has accepted the acknowledgement of the documents. Further, we observe that all the payments made to the channels have been made vide account payee cheques only. 15. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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