TMI Blog2016 (9) TMI 1142X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the said party and the evidences have also been confirmed by way of an email. In the absence of any infirmity pointed out by the Revenue, the Departmental ground is dismissed. Addition u/s 69C - unexplained expenditure of commission - confirmation from commission agents that they had rendered services and receive the said amounts - Held that:- Sri Vinod Maheshwari and Mrs. Urvashi Maheshwari at the relevant point of time aged 40 and 38 are stated to have 20 years and 12 years experience in dealing in petroleum products and their qualifications were B.Com. and B.A. respectively. The services rendered have been explained that they booked orders of petroleum products for Modern Chemicals effecting sales to the tune of ₹ 52,69,21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndered by them as per provisions of Section 37 of the IT Act, 1961. 3. That the appellant craves leave to add, modify and/or delete any ground(s) of appeal. 4. In the facts and circumstances of the case, the order of the CIT (A) may be set aside and that of the A.O. restored. 2. The relevant facts of the case are that the assessee firm declared an income of ₹ 7,86,510/- in the year under consideration in the status of firm. The said return was selected for scrutiny under CASS after issuance of notice under section 143(2)/142(1) etc. The Assessing Officer taking note of the fact that the firm which is engaged in the business of trading in petroleum products like crude mineral oil, mix fuel oils, etc. in order to verif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India Ltd. ₹ 1,49,20,989: Petrolube India Ltd. has vide Letter dated 7th December 2011 has confirmed directly to the Learned A.O. in response to Notice u/s 133(6) of the Income Tax Act, 1961 along with the Confirmation of Account; and copy of Acknowledgement of Income Tax Return for Asstt. Year 2009-10 - Copy again been placed at Page No, 23 to Page No. 25 for your honour's kind verification. 3.1. It was also submitted that independent confirmations of accounts were available before the AO not only for M/s Paswara Impex Ltd. M/s Petrolube India Ltd. but also for M/s Ajanta Transport, Kolkata as per page 466 and 467 and of United Enterprises at page No. 447 of the paper book. Copies of the said evidences were again p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confronting these evidences to the AO and obtaining a Remand Report, the addition was deleted. Aggrieved by which, the Revenue is in appeal before the Tribunal. 5. The Ld. Sr. DR submitted that the Revenue is aggrieved by the deletion of the additions qua the parties mentioned at serial No. 2 and 4. Reliance is placed upon the assessment order. 6. The Ld. AR relying upon the impugned order and the synopsis filed, submitted that the ICICI Bank at serial No. 2 is a bank and the details of the said outstandings had been filed before the AO as well as the CIT(A) and are available at page 31. Addressing the second party i.e. Ajanta Transport Kolkata, it was his submission that confirmation letter from the said party had been filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... way of an email. In the absence of any infirmity pointed out by the Revenue, the Departmental ground is dismissed. 8. The facts related to the next issue are that it was noticed that a commission of ₹ 2 Lacs was paid to Mrs. Urvashi Maheshwari and ₹ 3 Lacs to Sh. Vinod Maheshwari. The AO required the assessee to show their qualifications and to produce these persons in order to justify the services rendered by them before him. Though the confirmations were received independently however proof of service was not provided. This fact was brought to the notice of the assessee again requiring the production of these 2 persons. Since despite various opportunities, they were not produced addition of the said amount was made under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ook on record and these have not been assailed by the Revenue. Accordingly the addition on facts it was submitted was wrongly made and has correctly been deleted by the CIT(A). 12. We have heard the rival submissions and perused the material available on record. On considering the same, it is seen that Sri Vinod Maheshwari and Mrs. Urvashi Maheshwari at the relevant point of time aged 40 and 38 are stated to have 20 years and 12 years experience in dealing in petroleum products and their qualifications were B.Com. and B.A. respectively. The services rendered have been explained that they booked orders of petroleum products for Modern Chemicals effecting sales to the tune of ₹ 52,69,216/- and ₹ 36,76,469/- by Mr. Vinod Kumar M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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