2008 (7) TMI 362

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....ivered by B. V. NAGARATHNA J.- This appeal is filed by the Revenue being aggrieved by the order passed by the Income-tax Appellate Tribunal, Bangalore Bench, in I. T. A. No. 670/Bang/2000, dated May 17, 2004. 2. The relevant facts of the case are that the respondent-assessee who is carrying on business as stevedoring, clearing and forwarding agents and is being assessed in the status of a firm. ....

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....charges 1,13,358 (c) Supervisory payments     64,467 (d) Extra gang charges     31,850   Total 13,17,243 and consequently a sum of Rs. 13,17,243 was disallowed by order dated March 15, 1999. 3. Being aggrieved by this order, the assessee had preferred an appeal before the Commissioner of Income-tax (Appeals) -II, Bangalore, who by his order dated July....

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....nt year. 4. We have heard Sri M. V. Seshachala, learned counsel for the appellant and Sri Parthasarathi, counsel for the respondent-assessee. 5. It is contended on behalf of the appellant that the assessee is in clearing and forwarding business and the amount that is sought to be claimed by way of deduction is huge and, therefore, necessary documents and details with regard to the said deduction....

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....is amount was paid to hundreds of persons during the course of business and considering that the amount would also have been of lesser sum in respect of the individual concerned, it would be impossible to produce receipts from the persons to whom payments had been made and also to make payments by way of cheques to the workers. He further submits that considering the nature of business of the asse....