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TMI Blog2012 (9) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... cases, wherein the details of freight debited, freight paid and freight payable are given. In our view these facts require verification at the end of the Assessing Officer. Accordingly, we set aside the orders passed by the Ld. CIT(A) in the hands of both the assesses and restore the matters back to the file of the Assessing Officer with a direction to verify the statement furnished by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure, they were heard together and are being disposed off by this common order. 3. These assesses are assailing the decision of the Ld. CIT(A) in upholding the addition made by the Assessing Officer on freight payments u/s. 40(a)(ia) of the Act. 4. The facts relating to the issue are stated in brief. During the course of assessment proceedings, the Assessing Officer noticed that the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the relevant year and only a sum of ₹ 1,70,830/- was outstanding as at the year end. By placing reliance on the decision of the Special Bench of ITAT, Vishakapatnam Bench in the case of Merilyn Shipping and Transports, 136 ITD 23 (SB), the Ld. Counsel submitted that the disallowance u/s. 40(a)(ia) has to be made only in respect of expenditure which remains payable as on 31st March of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly agree with the contentions of the Ld. A.R. 7. The assessee has filed a statement before us in both the cases, wherein the details of freight debited, freight paid and freight payable are given. In our view these facts require verification at the end of the Assessing Officer. Accordingly, we set aside the orders passed by the Ld. CIT(A) in the hands of both the assesses and restore the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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