2014 (2) TMI 136

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....Assessment Year 2008-09 vide his order dated 10.12.2010. 2. The only issue in this appeal of revenue is against the revision order passed by CIT-XX, Kolkata u/s. 263 of the Act. For this, assessee has raised following 3 grounds: "1.For that the order passed by the Ld. CIT-XX, Kolkata u/s. 263 is arbitrary, irregular and bad in law and without jurisdiction. 2. For that the Ld. CIT-XX, Kolkata, in consideration of the facts and circumstances of the case, erred in invoking the provision envisaged u/s. 263 in the absence of any evidence that the order of assessment as erroneous and prejudicial to the interest of the revenue. 3. For that the Ld. CIT-XX, Kolkata in consideration of the facts and circumstances of the case, is not justi....

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....the following persons u/s. 194H of the Act: Name of the recipients Date Amount paid/credited Of the commission in rupees M/s. Pal Electronics 36010/- M/s. Dolui Electronics 31/03/2008 40910/- M/s. Maya Electronics 22010/- M/s. Shibdurga Electronics 35320/- These too prima facie attract the provisions of section 40(a)(ia) of the Act, but this aspect was overlooked by the assessing officer at the time of regular assessment. As a result, no addition was made." In view of the above show cause notice, the CIT passed revision order on both the issues. Aggrieved against the revision order passed by CIT-XX, Kolkata u/s. 263 of the Act, the assessee preferred this appeal before us. 4. We have heard rival ....

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....g for information from Mirc Electronics Ltd. and Mirc Electronics Ltd. in turn submitted ledger copy of assessee's account whereby complete purchase, cheque return, goods return are clearly mentioned. Once factually this is the position, there is no issue of revision of the assessment framed by the AO u/s. 143(3) of the Act. On merit also the assessee has a full proof case on this issue and the other aspects of the revision order of CIT that the revenue wants to verify these transactions, it is to be stated that once the information is called by AO u/s. 133(6) of the Act there is no further purpose for verification. Here it is clear that the AO has verified these transactions and came to right conclusion. 5. The another issue raised by t....