2015 (10) TMI 2490

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....t ground i.e. no. 2, pertains to disallowing service charges paid for procurement of raw material amounting to Rs. 19,36,700/- on the ground that no TDS was deducted from the said amount. The crux of argument advanced on behalf of the assessee is that certificate of accountant was furnished by the assessee (pages 94 to 97 of the paper book) certifying furnishing return of income and payment of tax in the case of Standard Pharmaceutical Ltd. and Tijya Steels Pvt. Ltd. under first proviso sub-section (1) of section 201 of the Act. This factual matrix was not controverted by the ld. DR. However, it was submitted that the matter may be sent back to the file of the ld. Assessing Officer to examine the claim of the assessee. 2.1. We have consi....

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....e that the assessee showed consumption of raw materials to the tune of 3,15,096.88 Kgs., whereas, the finished goods were only 2,27,508 kgms. The Assessing Officer asked the loss of 87588 kgms. Of raw material in comparison to finished goods. In earlier year, the loss was 3 to 10% only whereas in the present assessment year, the loss of raw material was extent of 27.79%. The assessee vide letter dated 28/11/2011 furnished the details of consumption of raw material. As per the Revenue, the assessee did not file the necessary details and keep on delaying the proceedings. The Assessing Officer found following discrepancies in the details furnished by the assessee:- S. No. Particulars Quantity as per Annexure-A Quantity as per Annex....