2023 (4) TMI 811

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....(A.M): This appeal in ITA No.9501/Del/2019 for A.Y.2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-1, Gurgaon in appeal No.43/18-19 dated 19.09.2019 (hereinafter referred to as ld. CIT(A) in short) against the order of assessment passed u/s.201(1)/201(1A) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 26.04.2018 by the ld. Joint Commissioner of ....

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....wever, as and when the payments are made, the assessee on knowing the payees, had duly deducted tax at source. The ld. AO however did not agree to this proposition and proceeded to treat as an assessee in default and raised a demand u/s. 201(1) of the Act and also charged interest u/s. 201(1A) of the Act. 4. The expenses involved in this regard are provision made for miscellaneous and conference ....

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....e expenses Rs. 5 crores 3.11 It is seen from the documents filed by the appellant that the conference with regard to which the provision of Rs. 4 crores had been created was held on 07/04/2010 to 13/04/2010 and the invoice for the same was raised on 14/05/2010 for a total amount of Rs. 7,65,56,374/-. The payment for this expenditure was also made on 14/05/2010. Further, as regards the business de....

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....tificate of the Accountant under first proviso to sub-section 1 of section 201 filed by the appellant in this regard is enclosed as Annexure-1 to this order. The appellant has contended that in view of the decision of the Hon'ble Supreme Court in the case of Hindustan Coca-Cola Beverage (P.) Ltd. (Supra) and in view of the CBDT Circular No. 2758201/95-IT/B dated 29/01/1997, the demand raised w....