2021 (4) TMI 408

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....ior Standing Counsel For Respondent: Mr.T.Vasudevan JUDGMENT M.DURAISWAMY, J. Challenging the order passed in I.TA.No.447/Mds/2012 for the assessment year 2007-08 on the file of the Income Tax Appellate Tribunal, Chennai, "B" Bench, the Revenue has filed the above appeal. 2.The above appeal was admitted on the following substantial questions of law: "1)Whether on the facts ....

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.... by the assessee before the Assessing Officer?" 3.The Commissioner of Income Tax, on an examination of the records of the case, found that the sub-contract payments credited was Rs. 1,45,50,000/-, whereas the sub-contract amount paid was Rs. 30,64,000/- and instead of making a disallowance of the entire sum of Rs. 1,45,50,000/- the Assessing Authority has made a disallowance of Rs. 30,64,000/- ....

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....e same back to the income of the assessee and determined the total income at Rs. 1,53,27,510/-. As against the order passed by the Commissioner of Income Tax, the assessee preferred an appeal before the Income Tax Appellate Tribunal. The Tribunal, after taking into consideration the case of the assessee, found that the Commissioner of Income Tax has erroneously rejected the contention of the asses....

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.... of Income Tax has not given any finding that the assessee has made payments in excess of the mandatory limit prescribed for TDS or the assessee has credited the accounts of the sub-contractors with commensurate amounts. 5.It is pertinent to note that though the order passed by the Assessing Officer may be prejudicial to the interest of the Revenue, it cannot be termed as erroneous. In such cas....