2013 (3) TMI 219

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..... ence was also made to the paper book which had been filed before the Tribunal. Also that the assessee was only an agent of RCIL and therefore question of any disallowance in the hands of the assessee was not attracted. The aforesaid findings have not been shown to be perverse or erroneous in any manner - no substantial question of law arises in this appeal - in favour of assessee. - ITA No.179 of .....

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..... he Income tax Act ignoring the fact that books of accounts were deliberately fabricated to show payments within the permissible limits and the issue of principal agent was never represented before AO or CIT(A)? ii) Whether on facts and in the circumstances of the case, the Hon'ble ITAT has ignored the contents of affidavit filed by assessee and reproduced by AO on page 7-8 of assessment orde .....

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..... 43(1) of the Act on 21.3.2010. During the course of assessment proceedings, the Assessing Officer found that the assessee had made cash payments amounting to Rs.60,19,000/- for purchase of goods from Reliance Communication Infrastructure Limited (RCIL) in the year under assessment in violation of Section 40A(3) of the Act read with Rule 6DD of the Income Tax Rules, 1962 (for brevity, the Rules ). .....

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..... e appeal. The assessee filed second appeal before the Tribunal. Vide order dated 11.5.2012, Annexure A.3, the Tribunal partly allowed the appeal. Hence the present appeal by the revenue. 3. Learned counsel for the revenue submitted that the assessee had violated the provisions of Section 40A(3) of the Act and therefore the addition of Rs. 60,19,000/- made by the Assessing officer was wrongly del .....

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..... sidered by the Tribunal was that the assessee was only an agent of RCIL and therefore question of any disallowance in the hands of the assessee was not attracted. The aforesaid findings have not been shown to be perverse or erroneous in any manner. 6. The judgment on which reliance has been placed was on individual fact situation involved therein. In that case, this Court came to the conclusion .....

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