Disallowance U/s. 40(a)(ia) not justified for Freight charges paid but not claimed as expense

CIT Vs Shree Choudhary Transport (Rajasthan High Court)

Disallowance under section 40(a)(ia) was not justified, as the income of assessee was of commission on the booking of trucks and the freight payment to the truck owners was not claimed as expenses in its profit and loss account. Further, even if there was doubt regarding genuineness of Form 15-I produced by assessee, the statements of the truck owners, if any recorded by AO, were required to be confronted to assessee before using the same against the assessee.

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