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2011 (4) TMI 1430 - ITAT VISAKHAPATNAM

2011 (4) TMI 1430 - ITAT VISAKHAPATNAM - tmi - ITA No.387/Vizag/2009 - Dated:- 7-4-2011 - SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER Appellant By: Shri T.H. Lucas Peter, CIT (DR) Respondent By: Shri C. Subramanyam, CA ORDER Per Shri B. R. BASKARAN, Accountant Member: The appeal of the revenue is directed against the order dated 26.05.2009 passed by learned CIT(A), Visakhapatnam and it relates to the assessment year 2006-07. 2. The grounds raised by the revenu .....

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eration, the assessee executed transport contract for M/s Indian Oil Corporation through his own lorries as well as hired lorries. During the course of scrutiny proceedings, the Assessing Officer compared the statement of expenditure furnished for each lorry with the books of accounts maintained by the assessee and noticed that there was excess claim of expenses to the tune of ₹ 6,21,486/- in the books of account vis-à-vis his statement of accounts. The Assessing Officer disallowed .....

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ot in accordance with the law. Accordingly the Assessing Officer disallowed aggregate of both the amounts cited above, i.e. ₹ 85.17 lakhs by invoking provisions of Sec.40(a)(ia) of the Act, as there was a failure on the part of the assessee to deduct tax at source under section 194C of the Act on the hire charges paid by the assessee. The assessee carried the matter in appeal before the learned CIT (A) and obtained relief in respect of both the additions. Hence the revenue is in appeal bef .....

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excess claim of expenditure, the learned Departmental Representative submitted that the first appellate authority has considered fresh evidences submitted for the first time before him without confronting the same with the Assessing Officer. Accordingly he pleaded that the said issue may be set aside to the file of the Assessing Officer. 5. On the contrary the learned Authorised Representative submitted that the issue of deduction of tax at source has been covered in favour of the assessee by t .....

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