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TMI Blog2012 (10) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... 2012 - Dinesh Kumar Agarwal, B Ramakotaiah, JJ. For Appellant: Shri P K B Menon For Respondent: Shri Niraj Sheth ORDER Per: Dinesh Kumar Agarwal: This appeal preferred by the Revenue is directed against the order dated 6.4.2010 passed by the Ld. CIT(A), for the assessment year 2005-06. 2. Briefly stated facts of the case are that the assessee is engaged in the business of providing shipping agency services. In this case, the assessment u/s 143(3) of the Income Tax Act, 1961 (the Act) was passed on 29.12.2008 determining taxable income of Rs.14,50,12,350. After passing the order u/s 143(3), the AO observed that the details submitted by the assessee, the assessee has received an amount of Rs.23,68,30,716/- as per TDS ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the assessee has not produced any supporting evidence. Therefore, he added the proposed amount of Rs.92,61,798/- to the total income of the assessee u/s.154 of the Act vide order dated 5.11.2009. On appeal, the Ld. CIT(A) on the basis of the submissions and evidence filed by the assessee asked the AO to submit remand report. The Ld. CIT(A) after considering the assessee s submissions and remand report deleted the addition of Rs.92,61,798/- made by the AO. 3. Being aggrieved by the order of the Ld. CIT(A) the Revenue is in appeal before us taking the following grounds of appeal: 1. (i) On the facts and in the circumstances of the case and in law, the Ld.CIT(A) has erred in deleting the addition of Rs.76,77,677/- to the total i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mission paid of Rs.15,84,125/-. Considering the facts all these details were not available at the time of passing the order u/s 154 of the Act, the additions was made to the income of the assessee. Now I have put on record all the necessary details. The issue may be decided as per the provision of law as deem proper by your good self. 7. We further find that the Ld.CIT(A) after considering the above remand report and the assessee s submissions has held vide paragraph 2.4 of his order as under : 2.4.1. I have carefully and dispassionately considered the facts and circumstances of the case, relevant order u/s.154 of the Act dated 5.11.2009, statement of facts, written submissions, additional evidences, Remand Report and rejoinder to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e at the time of passing the order u/s.154 of the Act. At the time of examining the additional evidences Ld. Assessing Officer has not found any discrepancy and therefore the reversion of detention commission paid Rs.15,84,123/- has been allowed by the Assessing Officer. I have no hesitation in allowing the reversal of detention commission of Rs.15,84,123/- as recorded in the books of accounts, ledger accounts, commission accounts and other relevant documents which have been verified by the Ld. Assessing Officer during remand proceedings. 2.4.4. Having regard to the facts and circumstances of case and in law the impugned rectification order u/s 154 dated 5.11.2009 is not maintainable and the addition of Rs.92,61,798/- is reduced in view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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