9911796707
TMI Blog2016 (9) TMI 1660X X X X Extracts X X X X X X X X Extracts X X X X ..... . CIT(Appeals) be set aside. (2) For that in the facts and circumstances of the case the appellate order passed was in violation of principals of natural just ice hence is bad in law and be quashed. (3) For that in the facts and circumstances of the case the Ld. CIT Appeal erred in adding a sum of Rs.1,75,200/- on account of disclosed sundry debtors. Such addition is unwarranted, unjustified and uncalled for hence the same be deleted. (4) For that in the facts and circumstances of the case the Ld CIT Appeal erred in adding a sum of Rs.9,00,000/- on account of bus hire charges and other expenses reimbursement s u/s. 40(a) (ia) of the IT Act 1961. Such addition is unwarranted, unjustified and uncalled for hence the same be deleted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the assessee, the fact that the amount in question was shown by the assessee in his books of account as sundry debtors by itself is sufficient to show that the said amount was booked as sale by the assessee and duly offered to tax as his income. As further contended by the ld. counsel for the assessee, even if the allegation of the ld. CIT(Appeals) that the said amount must have been collected by the assessee from the concerned party outside the books of account is taken to be true, such col lection from debtors outside the books of account could not give rise to any income chargeable to tax in the hands of the assessee. Moreover, the ld. counsel for the assessee has also submitted that the amount received from the concerned debtors at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s having been included the amount in question paid by the assessee on account of bus hire charges in their total income offered to tax, no disallowance under section 40(a)(ia) can be made. In support of this contention, he has relied on the decision of this Tribunal rendered in the case of M/s. Abhoy Charan Bakshi -vs. - DCIT vide its order dated 06.04.2016 passed in ITA No. 1492/KOL/2015 and submit ted that this matter may be sent to the file of the Assessing Officer for deciding the same afresh in the light of the said decision of the Tribunal after necessary verification. In the said decision, the effect of second proviso inserted under section 40(a)(ia) was considered by the Tribunal and it was held as under:- "15. We have given a ver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessee has furnished all the details of assessment particulars of the recipients of payment from the Assessee. The AO therefore should not have any difficulty in making the required verification. We therefore set aside the order of the CIT(A) to the extent to which he had sustained the order of the AO on the disallowance u/s. 40(a)(ia) of the Act and remand the issue to the AO to verify whether the recipients have included the receipts paid by the assessee in their respective returns of income and al so paid taxes on the same. To the extent the recipients from the Assessee have so included the sum in their returns of income and filed the same, no disallowance u/s. 40(a)(ia) of the Act should be made by the AO. In case the recipient part ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
