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        Case ID :

        2019 (3) TMI 1128 - AT - Income Tax

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        Tribunal remands for verification, deletes expenditure disallowance, sets aside nonfurnishing of TDS details The Tribunal remanded the matter to the Assessing Officer for verification regarding the addition made on account of suppressed receipt. The Tribunal ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                              Tribunal remands for verification, deletes expenditure disallowance, sets aside nonfurnishing of TDS details

                              The Tribunal remanded the matter to the Assessing Officer for verification regarding the addition made on account of suppressed receipt. The Tribunal deleted the disallowance of expenditure on payment of supervision charges, noting inconsistency with previous and subsequent years. Additionally, the Tribunal set aside the disallowance of an amount due to nonfurnishing of TDS details, finding the AO's view erroneous and allowing the appeal in part.




                              Issues:
                              1. Addition made on account of suppressed receipt
                              2. Disallowance of expenditure on payment of supervision charges
                              3. Disallowance of amount on account of nonfurnishing of TDS details

                              Analysis:
                              1. The appeal was filed against the order passed by CIT(A) confirming the addition made on account of suppressed receipt. The appellant contended that the amount in question was related to a service tax component received and paid in a subsequent year, providing proof to support the claim. The Tribunal noted the submissions of both parties and decided to remand the matter to the Assessing Officer for verification. The Tribunal allowed the grounds raised by the assessee for statistical purposes, directing further examination by the AO.

                              2. The grounds raised by the assessee challenged the disallowance of expenditure on payment of supervision charges. The appellant argued that the same expenditure had been allowed by the Revenue in previous and subsequent years, pointing to relevant assessment orders. The Tribunal observed that there were no objections raised by the AO in the past assessment years regarding the claim of supervision charges. Consequently, the Tribunal deleted the impugned addition, as the Revenue's stance during the year under consideration was found inconsistent with previous and subsequent years.

                              3. The appellant challenged the CIT(A)'s decision to confirm the disallowance of an amount on account of nonfurnishing of TDS details. The appellant argued that the AO's addition based on non-furnishing of TDS details and non-explanation to summons under section 133(6) of the Act was unjustified. The Tribunal reviewed the documents provided by the appellant in response to the summons, showing that the details were furnished within the required timeframe. The Tribunal concluded that the AO's view was erroneous, setting aside the CIT(A)'s decision and deleting the addition made on this account. As a result, the grounds raised by the assessee were allowed in part, and the appeal was partially allowed.
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                              ActsIncome Tax
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