TMI Blog2021 (1) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... e, as rendition of services have to be proved. Where similar commission has been allowed, we are of the considered view that in those years the assessee must have established/proved the rendition of services. Considering the facts in totality, in our considered opinion, 50% of the commission disallowed by the Assessing Officer needs to be allowed. Addition on account of unsecured loans received - Ungenuineness of the loans taken in light of section 68 - HELD THAT:- Sapebelle Trader Linkers Pvt Ltd - The bank statement of this company shows transactions in crores. Therefore, it can be safely concluded that this company has sufficient credit worthiness to give the impugned loan. Considering the fact that there was opening balance and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, confirmed. Addition relates to interest paid on unsecured loan - HELD THAT:- Qua our findings given hereinabove, we direct the Assessing Officer to allow interest payment to Sapebelle Traders Linkers Pvt Ltd keeping in abeyance the allowance of interest in respect of Ishwar Das Gupta after deciding the issue as per our directions given hereinabove and disallow the interest paid to Shri Binod Choudhary. Ground is accordingly decided. - ITA No. 1693/DEL/2016 - - - Dated:- 19-1-2021 - Shri N.K. Billaiya, Accountant Member, And Shri Kuldip Singh, Judicial Member For the Assessee : Shri Soumil Agarwal, Adv For the Revenue : Shri Vinay Choudhary, Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER:- This appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u for the above noted person, 7. Details of the basis of commission charged by you from the above noted person. 8. Whether you have provided similar services to other parties, if yes details of the same. 9. Copy of the acknowledgement of your return of income for the A.Y. 2011-12 and the copy of your statement of income for the above noted A.Y. 10. Copy of your bank account depicting the transactions made with the above noted during the F.Y. 2010-11. 4. The following details were not furnished: i) Full details of services provided by you to the above noted person. ii) Details of clients arranged by you for the above noted person. iii) Copy of sale orders procured by you for the above noted person. iv) Copy of agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supported by invoices and confirmations but the moot point is that no evidence has been submitted for rendition of services by the payees. It is true that in earlier assessment years, similar commissions were allowed to some parties and also in subsequent assessment year. But the question remains as to whether in the year under consideration there was any rendition of services by the payees. Merely because the payees have shown commission income in their respective return of incomes and transactions have been done through banking channels would not suffice, as rendition of services have to be proved. 10. Considering the facts of the earlier assessment years and subsequent assessment years, where similar commission has been allowed, we a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n repaid in subsequent years and in the case of Vinod Choudhary, the learned counsel relied upon his submissions made before the ld. CITA. 15. The ld. DR strongly supported the findings of the Assessing Officer and vehemently stated that the assessee has not discharged the initial burden cast upon him by provisions of Section 68 of the Act. 16. We have given thoughtful consideration to the orders of the authorities below and have also considered the relevant documentary evidences brought on record in the form of paper book. Sapebelle Trader Linkers Pvt Ltd 17. On perusal of confirmation of account, we find that in this case there was an opening credit balance of ₹ 39.58 lakhs which means that this creditor is coming from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HUF and bank statement is also that of HUF. Since the facts are not clearly coming out from the orders of the authorities below, we restore this addition to the file of the Assessing Officer. The Assessing Officer is directed to examine this transaction afresh in light of the statement made by the ld. counsel for the assessee that the loan has been taken from Shri Ishwar Das Gupta, HUF. The assessee is directed to furnish necessary evidences before the Assessing Officer and the Assessing Officer is directed to examine the same after giving reasonable opportunity of being heard to the assessee. This addition is allowed for statistical purposes. Shri Binod Choudhary 20. The ld. counsel for the assessee has heavily relied upon the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
