2016 (11) TMI 329

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.... for the revenue ORDER Shri S.S. Viswanethra Ravi, JM : - This appeal by the Assessee is directed against the order dated 27-08-2013 of the Commissioner of Income Tax (Appeals), Kolkata for the assessment year 2009-10. 2. In this appeal, the assessee has raised the following ground of appeal:- 1. That the Ld. CIT(Appeals)-XIX, Kolkata has grossly erred both on law as well as o....

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....ount of Rs. 3,00,000/- to Confederation of Indian Industry (CII). In explanation the assessee also produced a certificate issued u/s. 197(1) of the Act by the ACIT [TDS], Cir-49(1), Delhi authorising the assessee not to deduct tax at source on such payment made to Confederation of Indian Industry [CII]. According to the AO the said certificate was not issued in favour of assessee to claim exemptio....

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....im that M/s. Davesmen India Pvt. Ltd did not claim any TDS in its return of income. The CIT-A after considering the submissions of the assessee was of the opinion that the assessee should have filed rectification petition in this regard. Not satisfied with such contentions of the assessee, he confirmed the impugned order of AO. 6. Aggrieved by such order of the CIT-A, now the assessee is in sec....

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....ssessee herein being M/s. Davesmen India. It is also seen from the record that there is no adverse inference drawn by the AO with regard to raising of invoice and such payment was caused through assessee's bank account. On perusal of documents filed in the paper book show that M/s. Davesmen India Pvt. Ltd was incorporated in the year 2008 and there was no financial transaction. It is also noticed ....