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2019 (3) TMI 3

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..... the Inspector of Income Tax. The report of the Inspector of IT is very clear about non-existence of M/s. Mayan Infrastructure Pvt. Ltd. Thus AO has rightly held that the expenses paid to the related party M/s. Mayan Infrastructure Pvt. Ltd. is bogus and M/s. Mayan Infrastructure Pvt. Ltd. is only a shell company, which exists only in paper. - Decided in favour of revenue - I.T.A.No.2034/Chny/2018 - - - Dated:- 31-12-2018 - Shri A. Mohan Alankamony, Accountant Member And Shri Duvvuru RL Reddy, Judicial Member For the Assessee : None For the Department : Ms.G.D. Jayanthi Angayarkanni, JCIT ORDER PER DUVVURU RL REDDY, JUDICIAL MEMBER: This appeal filed by the Revenue is directed against the order of the Commission .....

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..... rder to verify the mismatch in payment (related party) under section 40A(2)(b) of the Act, the Assessing Officer called for the details of subcontracting expenses paid to one M/s. Mayan Infrastructure Pvt. Ltd., The assessee company has claimed to have paid ₹.5,38,72,144/- as subcontracting expenses to M/s Mayan infrastructure Pvt. Ltd and TDS was also deducted on the same. Returns financials for the assessment year 2015-16 were called for in respect of M/s. Mayan Infrastructure Pvt. Ltd., and the Authorised Representative of the assessee company furnished the same. On scrutiny of the financials of M/s. Mayan infrastructure Pvt. Ltd. the Assessing Officer found that the total turnover of Mayan infrastructure was only ₹.5,30,41 .....

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..... 0 018. The sign board of M/s Mayan Infrastructure Pvt. Ltd., was not found at the said address. Instead the sign board of M/s. Vishwakarma Real Estates and Constructions (India) Pvt. Ltd. was found at the said address. I enquired the security guard of that campus, whether any company in the name of M/s. Mayan Infrastructure Pvt. Ltd is functioning in the said premises. The security replied that, no such company in the name of M/s. Mayan Infrastructure was functioning there. Photographs were taken as a proof for non-existence of the company M/s. Mayan Infrastructure Pvt. Ltd. From the above facts, the Assessing Officer was of the opinion that the expenditure in the nature of subcontracting expenses paid to the related party M/s. Mayan I .....

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