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TMI Blog2016 (11) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... 1st March, 2015, as against the addition of ₹ 89,16,387/- made by the Assessing Officer, following the special bench decision of the ITAT in the case of Merlyn Shipping and Transport (2012 (4) TMI 290 - ITAT VISAKHAPATNAM ). - Decided against revenue - ITA No. 885/Hyd/2016 - - - Dated:- 21-10-2016 - Smt P. Madhavi Devi, Judicial Member And Shri S. Rifaur Rahman, Accountant Member Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment proceedings the AO observed that during the FY relevant to AY under consideration the assessee has made the following payments: 1. Coordinator payments under the head seed grower payments other production costs 20.96,586/- 2. Hypack industries towards promotional expenses. 58,67,907/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tended that section 40(a)(ia) is not applicable in the case of purchase of seeds. It was also contended that even otherwise section 40(a)(ia) could not be invoked in its case, since the said section is applicable to the amount remaining payable as on 31st March of the year and not the amount paid during the year and assessee has made the payments during the financial year itself. 4.1 The assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to be deleted. 6. Aggrieved by the order of the CIT(A), the revenue is in appeal before us. 7. Though, the approval obtained from Pr.CIT to appeal before the ITAT against the order of the CIT(A) u/s 253(2) of the Act, the revenue has not raised/filed any grounds of appeal. Even though the said defect has been pointed out by the Registry, the revenue has not filed any grounds of app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning only the amount of ₹ 15,22,373/-, which is payable at the end of the year i.e. outstanding as on 31st March, 2015, as against the addition of ₹ 89,16,387/- made by the Assessing Officer, following the special bench decision of the ITAT in the case of Merlyn Shipping and Transport (supra). Accordingly, we uphold the order of the CIT(A) and dismiss the grounds raised by the revenue. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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