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TMI Blog2022 (5) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... used the confirmation letter issued by BDA Ltd. Addressed to the Appellant which states that RDL had issued the credit note of Rs.4,91,350/- out of which Rs.4,02,600/- is towards reimbursement of transportation charges (carriage inward) borne by the Appellant at the time of delivery of stocks. It could have been possible for the AO to have summoned the Area Sales Executive of BDA Limited, who issued the above letter. For some reason, that was not done. ITAT could have also adopted the approach earlier adopted by it in its order dated 2nd September, 2008 viz., sending the matter back to the AO for a fresh verification. Even that was somehow given up when the ITAT again passed the subsequent order after recall of the earlier order. As th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 600/- i.e. Rs.4,91,350/- (-) minus Rs.88,750/-. 4. When the Assessee was asked to explain, it mentioned that RDL s Marketing Agent was BDA Limited through whom the purchase orders, commission, credit notes and payments were routed. It was submitted that the Assessee had received credit notes of Rs.4,91,350/- and paid Rs.4,02,600/- towards transportation through the Marketing Agent. The net amount of Rs.88,750/- had been taken by the Assessee as commission receipt and accordingly, the net carriage inward had been debited in the trading account. The ledger copy of the BDA Ltd. in respect of M/s. Maa Mangala Enterprises [as per trade licence Mr. K.K. Sahoo) duly signed by the Local Chief of BDA Limited was enclosed with the reply. It wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... explain the transaction in question and, therefore, the said addition was not interfered with. 9. This Court has heard the submission of Mr. Basudev Panda, learned Senior Counsel appearing for the Appellant and Mr. R.S. Chinanka, learned Senior Standing Counsel for the Respondents. 10. Mr. Panda, learned Senior Counsel pointed out that Paper Book I submitted to the ITAT a copy of the letter of confirmation issued by the BDA Limited dated 17th April, 1998 was included. This was in the initial stage of hearing of the appeal verified by the ITAT. Mr. Panda further pointed out that RDL had engaged BDA Limited as its Marketing Agent to liaise between the supplier and the Appellant and that the said arrangement had been accepted by the R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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