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TMI Blog2021 (4) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... the same and set aside the issue to the file of the Assessing Officer for denovo consideration in accordance with law. This ground of appeal is accordingly treated as allowed for statistical purposes. Disallowance of advance and debit balance written off - Assessee submitted that the assessee is producing the details for the balance of the bad debts written off in the form of additional evidence - HELD THAT:- Since the additional evidence filed is in support of assessee s contentions and is likely to prove that the debits have been written off, we deem it fit and proper to admit the same and remand the issue to the file of the Assessing Officer for denovo consideration in accordance with law. Needless to mention that the assessee sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it had rendered certain services to its clients such as Bharati Airtel, Idea Cellular etc., who stated to have reimbursed such expenditure and deducted TDS thereon. It was claimed that since it was a pure reimbursement of expenditure, the assessee need not consider it as its receipt. The Assessing Officer was, however, not convinced with the assessee s contentions and therefore, the difference in turnover of ₹ 7,83,89,119/- was treated as unaccounted receipts of the assessee and the resultant increased loss of ₹ 20,26,559/- was also disallowed. Further, he also disallowed interest expenditure of ₹ 58,15,000 u/s 36(1)(iii) of the IT Act treating it as interest attributable to acquisition of fixed assets. 3. Aggrieved, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reimbursements recovered from the customers as part of its turnover and subsequently claiming the amount expended as deduction. d) The learned CIT(A) erred in holding that the Appellant has not provided any confirmation from telecom operators. e) The learned CIT(A) erred in not considering the statement of accounts from such operators, the debit notes and the detailed working for such debit notes furnished by the Appellant to substantiate the recovery of diesel and electricity expenditure from the cellular operators. f) The learned CIT(A) erred in confirming the addition made by the learned AO merely on the basis of non-furnishing of cross verification from the customers and ignoring the agreements, ledgers, debit note ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant. The Appellant craves leave to add, alter and modify the above grounds during the course of the appeal. For the above and any other grounds which may be raised at the time of hearing, it is prayed that the order of the learned AO be set aside . 4. The learned Counsel for the assessee submitted that the very same issue of the difference between the gross turnover and the TDS certificates had come up before the Tribunal in assessee s own case for the A.Y 2008-09 and vide its order dated 11.8.2017, the Coordinate Bench of the Tribunal had remanded the issue to the file of the Assessing Officer for denovo consideration. 5. the learned DR, on the other hand, supported the orders of the authorities below. 6. Having g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e could not furnish relevant documents and other details explaining the nature of expense debited, Assessing Officer disallowed the same and brought it to tax. 10. Aggrieved, the assessee preferred an appeal before the CIT (A) who granted partial relief of ₹ 65,32,918/- i.e.,to the extent of details submitted by the assessee and the balance was disallowed. Aggrieved, the assessee is in appeal before us by raising the following grounds of appeal: 1. Disallowance of deduction claimed in respect of write off of advances and debit balances under section 36(1)(vii) of the Income-tax Act,1961 ('the Act')₹ 36,0l,148/-. a) The learned Commissioner of Income-tax (Appeals) ['CIT(A)'] erred in restricting the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd any other grounds which may be raised at the time of hearing, it is prayed that the order of the learned AO be set aside . 11. At the outset, the learned Counsel for the assessee submitted that the assessee is producing the details for the balance of the bad debts written off in the form of additional evidence. Therefore, he sought admission of the additional evidence and remand of the issue to the file of the Assessing Officer or the CIT(A) for reconsideration. 12. The learned DR was also heard. 13. Since the additional evidence filed is in support of assessee s contentions and is likely to prove that the debits have been written off, we deem it fit and proper to admit the same and remand the issue to the file of the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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