9911796707
TMI Blog2013 (12) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... 133(6) - In order to establish its claim of payment, the assessee has furnished copies of bills, details of account payee cheque, copy of bank statement reflecting such payments, Form-16A showing TDS deducted on such payments and also the details of Permanent Account Number of such parties - The assessee cannot be said to be guilty of furnishing inaccurate particulars of income - Decided against Revenue. - ITA no.2059/Mum./2012 - - - Dated:- 11-10-2013 - P M Jagtap And Amit Shukla, JJ. For the Appellant : Mr A M Shah For the Respondent : Mrs Jothilakshmi Nayak ORDER:- PER : Amit Shukla The present appeal has been preferred by the Revenue and the cross objection by the assessee, challenging the impugned order dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he payment made, aggregated to Rs. 16,09,568. Simply, on this ground, the disallowance was made. This has also been confirmed by the learned Commissioner (Appeals). The penalty has been levied by the Assessing Officer on this background. 3. Before the learned Commissioner (Appeals), it was submitted that the assessee has submitted the details of prior period of expenditure in the Form 3CD at Annexure-C, clause 22(b), which contains the voucher number, amount credited or debited in the Profit Loss account. This prior period expenses related to professional fees, testing charges, etc., for which bills were received after the closing of the accounting year and, therefore, the same were treated as prior period expenses. Since all the partic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bills were received after the closing of accounting period and the expenses related to financial year 2003-04 and bills were received mostly after 1st April 2004. All these details were duly furnished in the tax audit report along with the voucher number and the amount. Thus, it cannot be said that it is a case of furnishing of inaccurate particulars of income. In case of stitching charges, the assessee has furnished the copy of account of these parties giving all the details. In case of all these parties, the bills raised by them were furnished along with the details of payments made through account payee cheques and relevant entry in the bank statement to this effect and lastly, the TDS were deducted on each and every payment. Thus, on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement reflecting such payments, Form-16A showing TDS deducted on such payments and also the details of Permanent Account Number of such parties. Beyond this, the assessee could not be expected to furnish more evidence in support of the claim. On these facts, it cannot be held that the assessee is guilty of furnishing of any inaccurate particulars of income or concealment of income. The findings of the learned Commissioner (Appeals) which is based on appreciation of facts cannot be deviated and, accordingly, the same is upheld. Thus, the ground raised by the Revenue is treated as dismissed. 7. In the result, Revenue's appeal is treated as dismissed. 8. The assessee has filed cross objection no.68/Mum./2013, which is arising out of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
