9911796707
TMI Blog2022 (9) TMI 762X X X X Extracts X X X X X X X X Extracts X X X X ..... this appeal has taken the following grounds of appeal: "1. On facts and circumstances of the case, whether the Ld. CIT(A) is justified in holding that the matter involved in the case is identical to the case of the assessee that of A.Y 2010-11. 2. On facts and circumstances of the case, whether the Ld. CIT(A) is justified in deleting the addition on Rs.4,72,37,518/- on account of advance from customers. 3. On facts and circumstances of the case, whether the Ld. CIT(A) is justified in deleting the addition on Rs.8,58,786/- disallowed u/s 40(a)(ia) of the I.T. Act. 4. On facts and circumstances of the case, whether the Ld. CIT(A) is justified in deleting the addition on Rs.93,55,197/- disallowed u/s 40(a)(ia) of the I.T. Act. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer on identical facts, however, the same also stood deleted by the decision of the ITAT. Therefore, following the decision of the Calcutta High Court in the assessee's own case for assessment year 2010-11 as well as decision of the Tribunal in various assessment years, the ld. CIT(A) deleted the additions for the year under consideration also. 3. Before us, the ld. Counsel for the assessee has submitted that the advance received from the customers were adjusted in the sale price of motorcycles and profits so delivered were offered for taxation. Further that there was no mismatch in respect of the amount of total sale consideration received. That though, one of the customers in his statement had denied the payment of advance to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceived by way of advance and therefore, no question of any bogus liability being created was there as held by the Assessing Officer. In that view of the matter, we are of the opinion that the finding arrived at by the learned Tribunal is not perverse. Section 68 in the facts of the case had no applicability. The question is, thus, answered in favour of the assessee. The appeal is, therefore, dismissed." 4. Therefore, the issue is squarely covered by the jurisdictional High Court in the own case of the assessee. There is no merit in these grounds of the appeal of the assessee and the same are accordingly dismissed. 5. Ground Nos.3 & 4 - Vide Ground Nos.3 &4, the Revenue has agitated the action of the CIT(A) in deleting the addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly of labour for carrying out any work) in pursuance of a contract between a specified person and the resident contractor js required to deduct tax at source. There was no contract either verbal or written with Hero Moto Corp Limited regarding transport of motor cycle. Even we did not engage any individual transporter for transport of motor cycle from the factory of the above said company to our showroom. Moreover, the above said company did not issue any separate invoice for freight and insurance. Even we did not make any payment to any individual transporter. The payment which had been made to the above said company only against the purchase invoice. Under the Income Tax Act, 1961 there is no provision under which any payment toward ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no occasion for deducting TDS separately on account of transportation. In view of these facts, the ld. AO is directed to delete the addition of Rs.8,58,786 made u/s 40(a) (ia). This ground of appeal is allowed." 8. Further, in respect of advertisement expenses of Rs.8,58,786/-, the assessee furnished details before the CIT(A) to show that the TDS was duly deducted against such expenses. The ld. CIT(A) after going through the documents furnished by the assessee verified the ledger account and held that the TDS was duly deducted on the payments made and accordingly deleted the addition so made by the Assessing Officer. 9. The ld. DR could not point out any defect in the order of the CIT(A) in this respect warranting our interference. We, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
