2022 (3) TMI 146

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....l. In this regard, the assessee has filed an application seeking condonation of the said delay and keeping in view the reasons given therein, we are satisfied that there is a sufficient cause for the delay of 100 days on the part of the assessee in filing this appeal before the Tribunal and delay in filing the instant appeal is accordingly condoned. 3. The assessee raised the issue in this appeal are as follows: i. For that the Ld. Commissioner of Income Tax (Appeals)-NFAC failed to appreciate that none of the conditions precedent existed for the Ld. Assistant Commissioner of Income Tax, Central Circle 2(1), Kolkata for his specious action of assuming jurisdiction u/s 40A(3) of the Income Tax Act, 1961, in the present context an....

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....00/- made by the Ld. Assistant Commissioner of Income Tax, Central Circle 2(1), Kolkata by misreading the evidence adduced establishing the genuinity of such expense adduced on record is completely unfounded, unjustified and untenable in law" 4. The brief facts of the case is that the assessee is engaged in the business of transport in the name of Proprietary concern M/s. Madanlal Gourishankar (Transport Division) and the assessee filed its return of income on 27.09.2013 declaring total income of Rs. 5,34,130/-. The assessment u/s 143(3) was concluded vide order dated 31.12.2015 determining the total income of Rs. 6,03,630/-. While passing the assessment order, the AO made disallowance of repairs & maintenance expenses to the extent of R....

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.... (k) where the payment is made by any person to his agent who is required to make payment in cash for goods or services on behalf of such person;" ********************************************** 7. The Ld. AR also submits that since the assessee is a transporter and while the vehicle was in transit which was struck down due to technical glitch and the driver of the vehicle had to repair the vehicle at any cost to reach the destination, he had incurred the above expenses in cash where there was no banking facility at that point of time, As such, the transaction above made by the driver of the vehicle is covered under the exception provided under the aforesaid Rule 6DD(k) of I.T. Rules, 1962. 7.1. The Ld. AR of the asse....