TMI Blog2019 (10) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... insofar as payments made by the assessee towards related party on hourly basis and to other parties are either tonnage basis or trip basis, therefore, he disallowed 1/3 payments made by the assessee as excessive and accordingly added the disallowed amount of ₹ 81,37,032/- to the total income of the assessee, which was restricted to 15% by the ld. CIT(A) and directed the Assessing Officer to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Malik Sr.DR ORDER PER V. DURGA RAO, JUDICIAL MEMBER This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-1, Visakhapatnam, dated 28/01/2019 for the Assessment Year 2013-14. 2. Facts of the case in brief are that assessee is a company engaged in providing stevedoring and handl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. In reply, it was submitted that M/s. Venkat Sainadh Transport has rendered services towards transport and handling of cargo, therefore, payments are made for services rendered by him and submitted that there are no excess payments. However, in the assessment order, the Assessing Officer has observed that insofar as services rendered by M/s.Venkat Sainadh Transport to the assessee, the bills ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted further. 6. On the other hand, ld.DR relied on the orders of the authorities below. 7. We have heard both the sides, perused the material available on record and orders of the authorities below. 8. In this case, the assessee has made the payments to Sri P.Venkateswara Rao Prop. of M/s. Venkat Sainadh Transport to the tune of ₹ 2,46,57,67 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified what is the excess payment made by the assessee to the related party instead of simply making adhoc disallowance. Even ld. CIT(A) also simply restricted the disallowance to the extent of 15%. Under the above facts and circumstances of the case, we are of the opinion that it would be reasonable to restrict the addition to 10% from 15% made by the ld. CIT(A). Ordered according ..... X X X X Extracts X X X X X X X X Extracts X X X X
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