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Pr. Commissioner of Income Tax-I, Ludhiana Versus Baldev Singh, Proprietor of M/s Nankana Sahib Road Lines

2018 (2) TMI 982 - PUNJAB AND HARYANA HIGH COURT

Validity of reopening of assessment - A.O. power to review in the absence of any fresh tangible material - eligible reason to believe - disallowance u/s 40(a)(ia) for non-compliance of the provisions of section 194(c) Held that:- Assessing Officer raised a specific query regarding the nature of the assessee’s business and the same was answered in writing by the assessee. The nature of the transaction was spelt out in detail. On the basis thereof the assessee’s contention that he was merely a com .....

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he appeal on the ground that the Assessing Officer was not entitled to assume jurisdiction under section 147 of the Act in the absence of any new information or material. - Decided in favour of assessee - ITA No. 286 of 2016 (O&M) - Dated:- 12-2-2018 - MR. S.J.VAZIFDAR, CHIEF JUSTICE AND MR. AVNEESH JHINGAN, J. For The Appellant : Mr. Rajesh Katoch, Advocate For The Respondent : Mr. S.K.Mukhi, Advocate ORDER S. J. VAZIFDAR, CHIEF JUSTICE This is an appeal against the order of the Income Tax Appe .....

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he absence of any fresh tangible material whereas specific reasons for reopening of the case were recorded by the A.O.? 3. The Assessing Officer passed an order under section 144 read with section 147 of the Act. He held that the freight payment of about ₹ 1.88 crores from 01.04.2007 to 31.03.2008 to the truck owners without deduction of tax at source was not allowable as a business expenditure. The amount was, therefore, disallowed under section 40(a)(ia) for non-compliance of the provisi .....

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Roadlines for last 6 years. W.r.t. specific query regarding the exact nature of assessee s business raising during the course of assessment proceedings, vide written submissions dated 07.10.2010 and 21.10.2010 assessee pleaded as under:- That the nature of business of assessee is that he is transport booking agency and his job is to supply the trucks to the firms to transfer their stock from one place to another. So whenever firms demand for trucks then all the transporters give their bid for t .....

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ay that after delivering the goods at the destination from the person to whom goods have been delivered. The assessee is the link between the firms (supplying the goods) and the truck owners. Basically, the assessee acts only as the commission agent and his nature of job is to provide the transportation services to the firms to transfer their goods safely. For example M/s Hero Cycles Ltd. wants a truck to deliver their goods from Ludhiana to West Bengal and for that they want sum truck to do the .....

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00/- from the same and the balance amount of ₹ 20,000/- has to be received by the truck driver after delivering the goods to the destination in West Bengal. So from the decided commission, ₹ 500/- was received on the deal of transaction and the balance ₹ 5,00/- received after filing the income tax return and on receiving the excess TDS deducted by receiving the refund. 4. It is clear, therefore, that the Assessing Officer raised a specific query regarding the nature of the asse .....

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