2014 (3) TMI 1107

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....ent : Mr.Abhratosh Majumder. Advocate with Mr. Soumitra Choudhury, Adv., Mr. Soumitra Mukherjee, Adv., Mr. Debasish Ghosh, Adv. and Avra Majumder, Adv. The Court : The appeal is directed against a judgment and order dated 23rd May, 2013 by which the learned Income Tax Appellate Tribunal held as follows : "6. We have considered the rival submissions. A perusal of the assessment order shows th....

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....e aforesaid order, the Revenue has come up in appeal. Mr. Bhowmick, learned Advocate appearing for the appellant-revenue submitted that the notices issued to the recipients of commission came back unserved in most of the cases, picked up for scrutiny, and in the cases where notices were served, no reply was received. The Assessing Officer, in the circumstances, was of the opinion that the expendit....

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....whom letters were sent u/s 133(6) returned back unserved is also not proved and hence the commission claimed to have been paid to them is also not genuine. Therefore, Rs. 68,09,845/- is added to the income of the assessee company". The views expressed by the Assessing Officer are erroneous in law. The Assessing Officer has overlooked the importance of the books of accounts maintained in the ord....

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....ecorded in the order of the CIT (Appeals). For the purpose of carrying on its business, the assessee has to recruit the agents. It may not be possible for the assessee to know them personally. Whatever address was furnished to the assessee, has been disclosed to the Income-tax Department. Payments were admittedly made by cheque after deduction of tax. The tax deducted as source has duly been depos....