9911796707
TMI Blog2019 (5) TMI 1941X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the disallowance of Rs.10,91,652/- made by the learned Assessing Officer U/s.40(a)(ia) for non-deduction of tax on finance charges paid to NBFCs, rejecting the explanations filed. Prayed that no amount is payable as on the end of the year and that the deductees have considered the income in their Return of Income and paid the taxes, for which certificates of Chartered Accountants were filed. Prayed that disallowance of Rs.10,91,652/- is unjustified and be deleted. 2. The learned Assessing Officer further erred in confirming the ad hoc disallowance of Rs.2,00,000/- made by the learned Assessing Officer out of labour payment which is without any basis. Prayed to delete the same." 2. The brief facts in this case are that the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance on the decision of the Co-ordinate Bench of the Tribunal, Raipur in ITA No.69/RPR/2015 for the assessment year 2010-11 in the case of Pradeep Chandra Jha Vs. DCIT, the Ld. AR of the assessee submitted that this issue was restored to the file of the Assessing Officer for the purpose of verification. It is the contention of the Ld. AR of the assessee that certificates from Chartered Accountants was not accepted by the Ld. CIT(Appeals) and in the interest of justice, the Assessing Officer may verify the veracity of these certificates of the Chartered Accountants and for this limited purpose, the matter may be restored to the file of the Assessing Officer. 5. Per contra, the Ld. DR has placed reliance on the orders of the Sub-ordinate Aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 7. With regard to ground No.2, the Ld. AR of the assessee submitted that the Assessing Officer vide Para 5 of assessment order noticed that the assessee has claimed of Rs.81,81,853/- under the head labour payments and such labour payments have been supported by thumb impression without taking any proof of disbursement of wages to the labour. Further, the Assessing Officer noticed that complete addresses of the recipients are also not available in the muster roll. Under these circumstances, the genuineness of the expenditure cannot be fully proved beyond doubt and the Assessing Officer therefore made addition on the ground of labour payment expenses and added the same to the income of the assessee and the same was confirmed by the Ld. CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdinate Bench of the Tribunal , Raipur in the case of ACIT Vs. M/s. Mangilal Pagaria in ITA No.54/BLPR/2011 wherein the Tribunal has held as under: "9. We have heard the rival submissions and perused the material before us. We find that assessee-firm had furnished books of account and audited statement of accounts and the AO was not able to pin-point the defects in such documents, that the quantity of material used in labour charges incurred were certified from time to time by the competent authorities and the AO was not able to negate the claim made by the assessee. It is also found that the AO had not disputed about the labour and contingency payment though he had made an ad-hoc disallowance. We are of the opinion that the tax liability ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
