9911796707
TMI Blog2020 (12) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee failed to produce any supporting evidences in tune with the contentions made before both the Authorities below and now before this Tribunal, the Ld. AR fairly conceded that the assessee is ready to produce all the necessary evidences in support of his contentions. AR prayed to remand the issue to the file of Assessing Officer for fresh examination. DR reported no objection in remanding the issue to the file of the Assessing Officer for fresh verification. - Decided in favour of assessee for statistical purposes. Disallowance made u/s. 40A(3) - HELD THAT:- AR submitted that out of 3,75,000/-, the assessee made payment through account payee cheques for an amount of 80,000/- which is in accordance with provisions of Section 40A(3) we find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot actually paid to sub-contractors and were paid through journal vouchers in his books of accounts. The Assessing Officer doubted the sanctity of such payments and in his opinion the payment must be through cash/cheques. In order to verify the genuineness of such payments, the Assessing Officer asked the assessee to furnish evidences in support of genuineness of such payments and to show the same incurred wholly for the purpose of his business. The assessee contended that the subcontractors has consented to give payments to third parties and the assessee made payment to such third parties on the instruction of sub-contractors through crossed cheques. The Assessing Officer again issued another show cause notice to produce copies of ledger a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the necessary evidences in support of his contentions. The Ld. AR prayed to remand the issue to the file of Assessing Officer for fresh examination in terms of the materials/evidences produced before this Tribunal. 6. Shri S.P. Walimbe, the Ld. DR reported no objection in remanding the issue to the file of the Assessing Officer for fresh verification. 7. Therefore, in the interest of justice, we deem it appropriate to remand the matter to the file of the Assessing Officer for fresh verification for his consideration of the issue in terms of the evidences/materials filed before this Tribunal from Page No. 14 to 413 and pass order accordingly. The assessee is at liberty to file evidences, if any, in support of his contentions. Thus, Gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven before us. But however, the Ld. AR prayed to remand this issue to the file of Assessing Officer for his limited verification and examination whether the amount of ₹ 80,000/- was paid in accordance with Section 40A(3) of the Act. In view of the same, we confirm the disallowance made in contravention of Section 40A(3) of the Act to the extent of ₹ 2,95,000/- (₹ 3,75,000/- - ₹ 80,000/-). Therefore, we direct the Assessing Officer to examine the issue to an extent of ₹ 80,000/- involved in ground No. 2 and pass order accordingly. Thus, Ground No. 2 raised in appeal by the assessee is partly allowed. 11. In the result, appeal of the assessee is partly allowed for statistical purposes. Order pronounced on 12th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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