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2021 (1) TMI 778

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..... de by the AO is hereby directed to be deleted. Addition made under the head unverifiable sundry creditors - HELD THAT:- Payment which is due to be paid to an entity namely, M/s Infotech Services is no more a liability owing to non-furnishing of details. We find from the record before us at page no. 102 of paper book, the confirmation and the copy of account filed by the assessee with regard to M/s Infotech Services. Since, it cannot be said that the liability has ceased, the addition made by the revenue is hereby deleted. Addition on account u/s 41(1) - HELD THAT:- We find from the record that these receipts are in the nature of security deposit and also have been paid subsequently to all the three parties mentioned above. Hen .....

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..... provisions as there was no obligation to deduct tax at source in respect of an expenditure incurred under the head advertisement and publicity . (iii) ₹ 59,000/-, out of the addition made under the head unverifiable sundry creditors. The aforesaid addition has been sustained by overlooking that under the provision of section 41(1) of the Act, the amount outstanding to the credit of M/s Infotech Services as no benefit since has been obtained by the assessed nor the said sum was remitted or there was any cessation in respect thereof, any addition made was warranted in law. (iv) That likewise the addition made and sustained of ₹ 12,85,348/- out of ₹ 3,05,80,226/- was wholly unjustified. The Commissioner of Incom .....

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..... o nonfurnishing of details. We find from the record before us at page no. 102 of paper book, the confirmation and the copy of account filed by the assessee with regard to M/s Infotech Services. Since, it cannot be said that the liability has ceased, the addition made by the revenue is hereby deleted. 6. Ground No. 1(iv) relates to addition on account of ₹ 12,85,348/- u/s 41(1) of the Income Tax Act, 1961. We find from the record that the ld. CIT (A) has confirmed the addition owing to the non-filing of the confirmations and evidences before the ld. CIT (A). The amounts are as under: 1. M/s Genesys Telecommunication Laboratories of ₹ 5,43,348/- 2. M/s Torex Software Pvt. Ltd. of ₹ 2,20,000/- 3. M/s Nokia .....

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