2023 (10) TMI 1280

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.... of the appeals filed by the appellant/revenue, as well as, by the respondent/assessee against the order of the Commissioner of Income Tax (Appeals) [ in short, "CIT(A)"] dated 25.03.2013. 1.2 The operative directions of the Tribunal are contained in paragraph 8. For the sake of convenience, the same are extracted hereafter: "8. We have carefully considered the rival contentions. With respect to the total expenditure of Rs. 46.92 crores the assessee has given a detailed break-up which shows that these expenditure are not Hindustan Coca Cola Beverages. chargeable to tax of fringe benefit. The complete chart is placed at page Nos. 3 and 4 of the paper book. According to that chart most of the expenditure are advertisements, banner....

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....hich was carried in appeal before the Tribunal. The relevant part of the CIT(A)'s order reads as follows: "7.3 Regarding disallowance out of advertisement, the Ld. Counsel pleaded that [it] was not possible to produce all bills/ vouchers for verification as the same were voluminous and maintained at different branches. It was submitted that an amount of 46.92 crores was not included under the head "Sales Promotion including publicity" for the reasons that out of this an amount of 'Rs. 50,16,178/-(Conference), Rs. 1,52,000(Scholarship) and Rs. 9,90,000 (Traffic violation) were wrongly booked here and the remaining expense of Rs. 46,31,14,793/- were exempt being covered under the proviso to Clause D of Section 115WB(2). On carefu....

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....vertisements by print media etc. However, in absence of complete details, concrete classification cannot be made." 4. A perusal of this extract would show that the respondent/assessee claimed that it may not be able to produce all bills, as the record was voluminous and maintained in different branches. It is in this context that the aforementioned direction was issued by the CIT(A). 5. Although Mr Jolly says that the very same extract would show that sample bills were produced and no defect whatsoever was found with those bills, he cannot but accept the fact that Assessing Officer [in short, "AO"] was entitled to examine each bill which the respondent/assessee, due to the fact that the record was voluminous and maintained in various ....