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TMI Blog2014 (3) TMI 1107X X X X Extracts X X X X X X X X Extracts X X X X ..... ere not found at the address furnished by the assessee does not in the least prove the fact that they were non existent or that the payments shown to have been made by the assessee were imaginary. With the advancement of technology, it has become possible to sell goods throughout the country through the internet. For that purpose, agents are required throughout the country. The mechanism in that regard has been disclosed by the assessee and has been recorded in the order of the CIT (Appeals). For the purpose of carrying on its business, the assessee has to recruit the agents. It may not be possible for the assessee to know them personally. Whatever address was furnished to the assessee, has been disclosed to the Income-tax Department. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the aforesaid order, the Revenue has come up in appeal. Mr. Bhowmick, learned Advocate appearing for the appellant-revenue submitted that the notices issued to the recipients of commission came back unserved in most of the cases, picked up for scrutiny, and in the cases where notices were served, no reply was received. The Assessing Officer, in the circumstances, was of the opinion that the expenditure amounting to a sum of ₹ 68,09,845/- could not be allowed. He also drew our attention to the following views expressed by the Assessing Officer. The submission of copy of ledger account in which payment made to have been shown through bank and deduction of TDS is not sufficient to prove that the transaction is genuine. The copy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... try through the internet. For that purpose, agents are required throughout the country. The mechanism in that regard has been disclosed by the assessee and has been recorded in the order of the CIT (Appeals). For the purpose of carrying on its business, the assessee has to recruit the agents. It may not be possible for the assessee to know them personally. Whatever address was furnished to the assessee, has been disclosed to the Income-tax Department. Payments were admittedly made by cheque after deduction of tax. The tax deducted as source has duly been deposited. The judgment in the case of CIT vs. Precision Finance Pvt. Ltd. reported in 208 ITR 465 relied upon by Mr. Bhowmick does not really assist him. The aforesaid judgment is an autho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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