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TMI Blog2017 (12) TMI 993X X X X Extracts X X X X X X X X Extracts X X X X ..... provider. The said expenses have not paid by the assessee and claimed as not payable to Tripura on line Lottery so the expenses were not paid wholly and exclusively for the purpose of business - Held that:- We have noted the assessee has not placed on record any material to convince us to take a contrary view; hence the ground of appeal raised by assessee is dismissed. Lottery terminal charges and logistic paper charges - non deduction of TDS as the provisions of section 40(a)(ia) are applicable - CIT(A) confirmed the action of AO on both the disallowance holding that the assessee has admitted that no TDS has been made - Held that:- The assessee had debited the expenses on the basis of debit notes sent be service provider. The said expenses have not paid by the assessee and claimed as not payable to Tripura on line Lottery so the expenses were not paid wholly and exclusively for the purpose of business. We have noted the assessee has not placed on record any material to convince us to take a contrary view; hence the ground of appeal raised by assessee are dismissed. Disallowance of mobile charges - no TDS was made - CIT-A confirmed the same - Held that:- We have noted that before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and in law, the learned C.I.T. (A) erred in confirming the action of the A.O. and upholding the addition made of ₹ 6,21,306/- u/s 2(22)(e) of the Act. 4. On the facts and in the circumstances and in law, the learned C.I.T. (A) erred in confirming the action of the A.O. and upholding the disallowance of service charges amounting to ₹ 34,18,011/- 5. On the facts and in the circumstances and in law, the learned C.I.T. (A) erred in confirming the action of the A.O. and upholding the disallowance of EMI lottery terminal charges amounting to ₹ 15,36,000/- 6. On the facts and in the circumstances and in law, the learned C.I.T. (A) erred in confirming the action of the A.O. and upholding the disallowance of logistics paper charges amounting to ₹ 7,82,869/- 7. On the facts and in the circumstances and in law, the learned C.I.T. (A) erred in confirming the action of the A.O. and upholding the disallowance of mobile charges amounting to ₹ 1,01,997/- 8. On the facts and in the circumstances and in law, the learned C.I.T. (A) erred in confirming the action of the A.O. and upholding the disallowance made of ₹ 15,590/- out of postage & courier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 06-07 needs to be reopened as per provision of section 147 of the I.T. Act. 1961." 4. The assessee filed its objection vide letter dated 01.12.2010 and again on 08.12.2010. The objections of the assessee were not accepted by the AO and proceeded to make re-assessment of the income. The assessment was completed under Section 143(3) r.w.s 147 on 30.12.010. The AO while passing the assessment order made following additions: - Addition under Section 2(22)(e) Rs.6,21,306/- Service Charges Rs.34,18,011/- EMI Lottery terminal charges Rs.15,36,000/- Logistic paper charges Rs.1,01,997/- Postage and courier charges ₹ 27,567/- Stationery and printing charges Rs. 1,28,339/- Disallowance under Section 14A to the extent of 5% of exempt income On appeal before the CIT(A) the reopening of assessment as well as various additions/disallowance were confirmed. Further aggrieved by the order of the CIT(A) the assessee filed present appeal before us. 5. None appeared on behalf of the assessee despite waiting. The copy of authority letter of Sh. R.M. Sawant CA is on record. The Ld AR for assess sought adjournment on 30.05.2016, 13.10.2016 and again on 30.05.2016. When none app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the concern. The ld CIT(A) confirmed the action of AO holding that in a company where the public have no substantial interest may not recover the loans or allow them to be barred by time, which would be that the amount of loan would become the income of the shareholder and they would not meet the requirement to pay the tax on such income. We have seen that the assessee has not placed on record any material to convince us to take a contrary view; hence the ground of appeal raised by assessee is dismissed. 9. Ground No.4 relates to confirming the disallowances of service charges of ₹ 34,18,011/-, The AO disallowed the service charges holding that no TDS was made on the payment of service charges. The ld CITA) confirmed the action of AO holding that the assessee has admitted that no TDS has been made. Secondly, the assessee had debited the expenses on the basis of debit notes sent be service provider. The said expenses have not paid by the assessee and claimed as not payable to Tripura on line Lottery so the expenses were not paid wholly and exclusively for the purpose of business. We have noted the assessee has not placed on record any material to convince us to take a cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any explanation or documentary evidences on record the disallowance sustained by ld CIT(A is reasonable one. Hence, this ground of appeal is also dismissed. 14. Ground No10 relates to denial of benefit of section 10(36) of the Act. The AO denied the benefit of section10 (36) for the want of evidence. The ld CIT(A) confirmed the action of AO that no proof was furnished by assessee even at the stage of appeal. We have not that the assessee has not placed any evidence before us except raising the grounds of appeal. Thus, we do not find any merit in the ground of appeal; hence this ground of appeal is also dismissed. 15. In the result the appeal filed by the assessee is dismissed. ITA No. 6259/Mum/2012 - A.Y. 2009-10 16. Though the assessee has raised as many as four grounds of appeal, as per our considered view the only substantial ground of appeal by the assessee relates to confirmation of addition under Section 2(22)(e) of ₹ 80,97,355/-. 17. The learned D.R. for Revenue argued that this ground of appeal is similar to ground No. 3 of the appeal for A.Y. 2006-07. The assessee is not filed any documentary evidence nor any statement of fact to substantiate his contention fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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