2015 (11) TMI 1528

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.....   2. The first issue in this appeal of assessee is against the order of CIT(A) confirming the action of AO in disallowing the labour charges amounting to Rs. 55,440/-, carriage inward charges amounting to Rs. 62,07,498/- and hire charges amounting to Rs. 29,12,123/- for non-deduction of TDS u/s. 194C of the Act by invoking the provisions of section 40(a)(ia) of the Act. For this, assessee has raised following ground nos. 2, 3 and 4:   "2. For that the Ld. CIT(A) erred in confirming the addition of Rs. 55,440/- when no tax was deductible on the payments made for labour charges and in any case no amount remained payable and thereby the disallowance u/s. 40(a)(ia) was not called for. 3. For that the Ld. Cit(a) erred in confirming .....

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..... ve included the receipts paid by the assessee in their respective returns of income and also paid taxes on the same. When this plea of the Ld. Counsel for the assessee was confronted to Ld. Sr. DR, he fairly conceded the position and urged the bench to set aside the matter to the file of the AO. 5. We have heard rival submissions and gone through facts and circumstances of the case. We are inclined to set aside the issue to the file of the AO and accordingly, we direct the AO to verify whether the recipients have included the income in their respective returns and also paid taxes on the same. The assessee will provide the details of recipients i.e. their assessment particulars etc. to the AO so that the AO can verify. In case the recipient .....

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..... h the period of advancing of loan estimated the disallowance of loan in respect to Blomat Products, Glow Signs and Jasibnder Singh at Rs. 2,96,237/- and added to the returned income of the assessee. Aggrieved, assessee preferred appeal before CIT(A), who also confirmed the action of AO in respect to disallowance of amounts advanced to these two parties i.e. Blomat Products and Glow Signs. Aggrieved, now assessee is in second appeal before us. 8. We have heard rival submissions and gone through facts and circumstances of the case. At the outset, Ld. Counsel for the assessee only requested that the issue be set aside to the file of AO for verification of availability of interest free funds for the assessee in term of the decision of Hon'ble .....

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