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ITO Ward-24 (3) , New Delhi Versus Organizing Committee Hero Honda C/o M/s RRA Tax India

2017 (9) TMI 1156 - ITAT DELHI

Credit of TDS - CIT (A) found that though initially the assessee claimed the credit of TDS as per 26AS statement, later on the assessee brought to the notice of the AO that such claim was by mistake and since they did not provide any service to SAIL nor did they receive ₹ 5,50,000/- they reconciled their books of accounts - Held that:- This is a verifiable fact at the end of the AO and set aside this ground to the file of the AO with a direction to verify whether any service was rendered a .....

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de India and for that matter M/s FIH incurred so much of expenditure which the assessee reimbursed to them. In the circumstances, we find it difficult to agree with the Ld. DR that these payments partake the nature of income in the hands of M/s FIH and consequently, we hold that the assessee was not obliged to deduct TDS on the same. We, therefore, uphold the findings of the Ld. CIT (A) to delete the addition of these two amounts u/s 40(a)(ia) of the Act. Hence, the ground no. 2 is dismissed. .....

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denial of the factual position, the findings of the Ld. CIT (A) do not seem to be pervasive requiring any interference. The observations of the Ld. CIT (A) are based on solid facts. - Decided against revenue - Addition on prior period expenses - CIT-A allowed claim - Held that:- CIT (A) found merit in the argument of the assessee that an amount of ₹ 63,635/- was paid on account of technical table expenses, and since the AOP was formed only during the assessment year 2010-11, there wer .....

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en given an opportunity on this aspect to verify the veracity and genuineness of the material produced by the assessee. We are in agreement with the submission of the Ld. DR and find that the material produced by the assessee has to be verified by the AO. We, therefore, set aside this ground also to the file of the AO. - ITA No.-3739/Del/2014 - Dated:- 19-9-2017 - SHRI N.K. SAINI, ACCOUNTANT MEMBER AND SHRI K.N. CHARRY, JUDICIAL MEMBER For The Assessee : Sh. Ashwani Taneja, Adv. Sh.Shaantanu Jai .....

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e declaring an income of ₹ 15,07,970/-. The total receipts were shown at ₹ 8,38,46,493/- as against the expenditure of ₹ 10,46,70,522/- resulting in a net loss of ₹ 2,08,24,030/-. However, after adjusting the grant of ₹ 2,23,32,000/- received from OCCWG, 2010 and FIH, the assessee had shown the income of ₹ 15,07,970/-. During the scrutiny, AO made an addition on several counts and reached the taxable income of the assessee at ₹ 5,30,04,790/-. 3. In appea .....

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d on the circumstances of the case the Ld.CIT (A) has erred in deleting the addition of ₹ 5,50,000/- made by the AO being the income received from M/s Sail, which was not declared to the department by the assessee. 2. On the facts and in the circumstances of the case whether the Ld. CIT (A) has erred in deleting the addition of ₹ 8,09,545/- and ₹ 4,17,63,525/- made by the AO u/s 40(a)(ia) for not deducting TDS on these payments. 3. On the facts and in the circumstances of the c .....

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AO being 10% of the total expenses claimed of ₹ 1,50,48,488/- in absence of production of bills & vouchers. 6. On the facts and in the circumstances of the case impugned order passed by the Ld. CIT (A) is perverse both in facts and law. 7. On the facts and in the circumstances of the case whether the Ld. CIT (A) has erred in admitting additional evidence in violation of Rule 46A of the Income Tax Rules, 1961. 8. The appellant craves leave to add, alter or amend any of the ground of app .....

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AO that on the show cause notice issued to the assessee, the assessee denied to have received such sum of ₹ 5,50,000/- from SAIL. AO rejected the said contention of the assessee but made an addition of ₹ 5,50,000/-. On this aspect, Ld. CIT (A) found that though initially the assessee claimed the credit of TDS as per 26AS statement, later on the assessee brought to the notice of the AO that such claim was by mistake and since they did not provide any service to SAIL nor did they rece .....

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ether there is any service rendered and whether any amount was received. We, therefore, hold that this is a verifiable fact at the end of the AO and set aside this ground to the file of the AO with a direction to verify whether any service was rendered and any amount was received. 6. Now turning to the deletion of 8,09,545/- & 4,17,63,525/-, AO s observation was that the assessee had accounted for commission of ₹ 1,17,97,206/-, whereas the assessee has paid commission of sponsorship &# .....

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he Ld. CIT (A) that in respect of 8,09,545/-, the said amount was paid to M/s Commune Market & Events Pvt. Ltd. directly by M/s FIH on behalf of the assessee and later on at the request of M/s FIH the assessee reimbursed the same to FIH, as such, since the assessee did not make any payment to M/s Commune Market & Events Pvt. Ltd. and transaction took place outside India and the amount was paid by M/s FIH on behalf of the assessee to the said company was merely reimbursed by the assessee, .....

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s to M/s FIH during the course of year, the question of these amounts of ₹ 8,09,545/- and 4,17,63,525/- partaking the nature of income in the hands of M/s FIH does not arise and consequently the disallowance made by the AO is wrong. For this principle Ld. CIT (A) relied upon the decisions reported in GE India Technology Centre Pvt. Ltd. vs. CIT (2010) 327 ITR 446 (SC), ITO vs. Dr. Willmar Schwabe India Ltd. (2005) 95 TTJ 53 (Del) and also M/s C U Inspections India Pvt. Ltd. vs. DCIT (2013) .....

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income in the hands of M/s FIH and consequently, we hold that the assessee was not obliged to deduct TDS on the same. We, therefore, uphold the findings of the Ld. CIT (A) to delete the addition of these two amounts u/s 40(a)(ia) of the Act. Hence, the ground no. 2 is dismissed. 8. Now turning to ground no. 3, the AO made these additions on the ground that the assessee had not furnished the confirmations in respect of M/s Clea Public Relations India Pvt. Ltd. totaling ₹ 66,50,763/-. Ld.AR .....

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