TMI Blog2024 (2) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... nce. HELD THAT:- According to us, these are the facts which are verifiable from the records and appropriate examination would reveal the correct state of affairs in respect of claim made by the assessee and as held by the Ld. AO so as to give the correct effect to the transaction of payment made by the assessee to SVPL. However, from the records available before us, there is nothing to corroborate the above stated facts so as to verify the claim of the assessee as also to corroborate the stand taken by the Ld. AO. Considering the facts on record and the orders of the authorities below, we are inclined to adjudicate upon the matter ex parte qua the assessee. Thus, with the assistance of DR and on perusal of the material available on recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,84,000/- made by the AO for the disallowance of expenses. The disallowance is unjustified and need to be deleted. 5. That under the facts and in the circumstances of the case Ld. CIT(A) erred in confirming the disallowances made by AO without issue of notice under section 143(2) of the Act during the reassessment proceedings. 3. Briefly stated facts of the case are that the Ld. AO found that the assessee has debited an amount of Rs. 24,01,69,671/- towards contract expense which include an amount of Rs. 24,00,84,000/- paid to M/s. Sarda Vanijya Pvt. Ltd. The A.O. issued letter to the assessee requesting for details regarding deduction of tax at source u/s. 194C of the Act on this contractual payment to M/s. Sarda Vanijya Pvt. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anation or documentary evidences to substantiate non-deduction of tax on payment made to M/s. Sarda Vanijya Pvt. Ltd., the A.O. made disallowance of Rs. 24,00,84,000/- u/s. 40a(ia) of the Act. 3.1. Aggrieved, assessee went in appeal before the Ld. CIT(A). 3.2. In the course of appellate proceedings in spite of giving sufficient and reasonable opportunities of being heard by issue of notice u/s. 250 of the Act, the assessee failed to provide any explanation or documentary evidences to substantiate as to why tax was not deducted at source on payment of Rs. 24,00,84,000/- made to M/s. Sarda Vanijya Pvt. Ltd. on account of service job work contract. 3.3. Ld. CIT(A) thus upheld the disallowance made by AO on account of failure to deduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le from the records and appropriate examination would reveal the correct state of affairs in respect of claim made by the assessee and as held by the Ld. AO so as to give the correct effect to the transaction of payment made by the assessee to SVPL. However, from the records available before us, there is nothing to corroborate the above stated facts so as to verify the claim of the assessee as also to corroborate the stand taken by the Ld. AO. Considering the facts on record and the orders of the authorities below, we are inclined to adjudicate upon the matter ex parte qua the assessee. Thus, with the assistance of Ld. Sr. DR and on perusal of the material available on record, we do not find any reason to interfere with the observations and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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