2010 (9) TMI 1189 - AT - Income Tax

Summary

Issues Involved:
The judgment involves appeals by the Revenue against orders of the ld.CIT(A)-II, Kanpur for assessment years 2006-07 and 2007-08 regarding deletion of addition of Job Charges paid to M/s KSM Export Pvt. Ltd.

Assessment Year 2006-07:
The AO disallowed Job Charges paid by the assessee to M/s. KSM Exports Ltd. The ld.CIT(A) deleted the addition following a Tribunal order for the assessment year 2005-06. The Tribunal observed that the claim of job work charges was supported by various documents and evidence, and directed the AO to verify the quantum and allow it in full. The Tribunal dismissed the Revenue's appeal, stating the facts were similar to the previous year.

Assessment Year 2007-08:
Similar to the previous year, the AO disallowed Job Charges paid by the assessee to M/s. KSM Exports Ltd. The ld.CIT(A) deleted the addition based on the Tribunal's order for the assessment year 2005-06. Both parties agreed that the facts were akin to the earlier year. Consequently, the Tribunal dismissed the Revenue's appeal, citing similarity in facts and the previous Tribunal order.

Conclusion:
The Tribunal upheld the deletion of Job Charges addition for both assessment years 2006-07 and 2007-08, following the precedent set in the assessment year 2005-06. The Tribunal emphasized the importance of verifying claims with supporting evidence and documents, ultimately dismissing the Revenue's appeals in both instances.