TMI Blog2017 (6) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... incurred total subcontract payment of ₹ 2,19,02,968/out of which ₹ 2,06,96,216/was paid by cheques and whatever payment was made by cash, TDS was deducted. The payment details submitted from pages 33 to 40 of the paper book shows that 95% payments were made by cheques. The Tribunal has also observed that as far as the cash payment of ₹ 50.00 Lacs is concerned, it is not a paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be substantial questions of law for our consideration : a) Whether on the facts and in the circumstances of the case and in law, the Hon'ble ITAT could be said to be perverse in ignoring the fact that no evidence was produced at the stage of assessment as also at the stage of the Remand but the claims of the Respondent company were admitted. b) Whether on the facts and in the circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her on the facts and in the circumstances of the case and in law, the Hon'ble Tribunal was justified in restoring to the file of the CIT (A) the issue regarding the outstanding cash purchases of ₹ 54,00,168/since this was booked in the profit and loss account and therefore there was no ambiguity in the same. 2 Mr. Pinto, the learned counsel for the Appellant strenuously contends tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of source of these purchasers. 3 We have also heard learned counsel for the respondent, who supports the order passed by the Tribunal. 4 On perusal of the order passed by the Tribunal, it appears that the dispute is factual in nature. The Tribunal has observed in the order that the assessee has incurred total subcontract payment of ₹ 2,19,02,968/out of which ₹ 2,06,96,216/was p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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