2020 (9) TMI 75
X X X X Extracts X X X X
X X X X Extracts X X X X
....er dated 18.11.2010 on the following substantial question of law: (i) Whether the Tribunal was justified in law in remanding the matter back to the file of the learned CIT(A) for re-verification of documents when all the documents and details were produced by the appellant in relation to the payment of handling charges of Rs. 18,80,762/- made to Sri.T.Shivakumar before the authorities and there was no need to remand the matter under the facts and circumstances of the case? (ii) Whether the Tribunal was justified in law in not appreciating the fact that payments made to Sri.Srinivas of Rs. 3,85,535/- were only towards disbursement of payments towards wages amount various labourers and Sri.Srinivas only supervised the work for whic....
X X X X Extracts X X X X
X X X X Extracts X X X X
....warding agency for M/s ACC Ltd for distribution of cement and other allied projects. The assessee filed the return of income declaring total income of Rs. 26,58,480/- for the Assessment year 2006-07 under the head of income from business. The Assessing Officer vide order dated 27.11.2008 determined total income of the assessee at Rs. 53,50,291/- by making an addition of Rs. 27,84,324/- , by disallowing a sum of Rs. 22,84,324 under the provisions of Section 40(a)(ia) of the Act and an amount of Rs. 5 Lakhs as an adhoc disallowance was made towards transportation charges. Being aggrieved, the assessee filed an appeal. The Commissioner of Income Tax (Appeals) by an order dated 11.11.2009 affirmed the order of the Assessing Officer. The assesse....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... with regard to payments made to aforesaid Abdul Rahim and Srinivas, it may adduce the same before the Commissioner of Income Tax (Appeals) and Commissioner of Income Tax (Appeals) if required may call for the remand report. It is argued that the matter be remitted to Commissioner of Income Tax (Appeals) and he may be directed to examine the issues raised by the assessee including the issue arising out of additional substantial questions of law afresh. 5. We have considered the submissions made by learned counsel on both the sides and have perused the record. Admittedly, the assessee had produced a copy of the agreement entered between it and T.Shivakumar as well as affidavit of T.Shivakumar stating that he acted only as a commission agent....