9911796707
TMI Blog2021 (10) TMI 734X X X X Extracts X X X X X X X X Extracts X X X X ..... evidences, the ld. CIT(A) further went ahead in determining whether the expenses are allowable under the provisions of the Income Tax Act and also with specific reference to TDS and Section 40(a)(ia). The ld. CIT(A) examined the various expenses like salary for Russian specialists, cost of equipment transportation, depreciation of equipment deployed in India, supply of spare parts, taxes paid for equipment and other project expenses. Having examined, the ld. CIT(A) allowed/disallowed various heads of expenditure. Hence, the grounds taken up by the revenue that the ld. CIT(A) erred in admitting the additional evidences cannot be held to be valid on facts of the case. Further, the grounds of the revenue that the ld. CIT(A) erred in allowi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Russia by ignoring the fact of the case that claimed expenses were never entered in the books of accounts maintained in India and also never audited by any qualified auditor in India. The facts have been taken from the order of the ld. CIT(A). 4. Brief facts of the case are that the Assessee is a nonresident company incorporated in Russia and engaged in construction of the Airport Pavement, highways and bridges. 5. The Assessee company was awarded contracts by National Highways Authority of India (NHAI) for construction of highways in state of Uttar Pradesh for four laning and strengthening of the existing two lane sections on NH-2. The Assessee subcontracted part of its contract to M/s. Mukund Ltd., Thane. The Assessee opened a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore these were not to be allowed as deduction u/s. 40(a)(i). 8. During appellate proceedings before the ld. CIT(A), the Assessee furnished invoices/documents in support of various expenses claimed by it for AY 2006-07. Since these were not furnished before AO during assessment stage, these were sent to AO for his remand report u/s. 46A, being additional evidences. 9. The AO furnished his report vide letter dated 10.01.2013. A copy of this remand report was later made available to counsel of the appellant who furnished rejoinder vide letter dated 19.02.2013. In his remand report, the AO has stated that the assessee did not produce any invoices during assessment stage despite adequate opportunity given for the purpose. Further, sin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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