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Case Law Details

Case Name : Surinder Kumar Vs ACIT (ITAT Delhi)
Appeal Number : Income Tax Appeal No. 467/DEL/2011 & 2222/DEL/2012
Date of Judgement/Order : 16/06/2015
Related Assessment Year : 2007-08 & 2009-10
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Brief of the Case: In the cited case, ITAT inter-alia held that since the payments have been made as reimbursement of expenses to the agents of the appellant, therefore, appellant was not obliged to deduct TDS under section 194C of the Act and as such, no disallowance is warranted u/s 40(a)(ia) of the IT Act.

Facts of the Case: The Assessee was running two proprietorship concerns in the name and style of M/s.Mosaic House (India) and M/s.Diler Stone. M/s Mosaic House (India) was a new concern and M/s.Diler Stone was an existing concern of the assessee. The assessee deals in domestic and foreign sale of stone tiles. The Return declaring total income of Rs.7,37,090/- was filed on 2.11.2007. The return was processed u/s. 143(1) on returned income. Statutory notice u/s. 143(2) and 142(1) were issued along with questionnaire. The assessee filed the details, but not produced books of accounts. Later books were produced but without vouchers. After going through the records, AO completed the assessment u/s.143(3) of the I.T. Act vide his order dated 24.12.2009 and made various additions.

Against the assessment order dated 24.12.2009, assessee appealed before the CIT(A), who vide impugned order dated 19.11.2010 had dismissed the appeal of the assessee by upholding the additions made by the AO.

The Assessee had filed these Appeals against the separate impugned orders dated 19.11.2010 for A.Y 2007-08 and dated 28.3.2012 (A.Y 2009-10) passed by the CIT(A).

Since some issues involved in both the appeals were common, it was disposed by consolidated order.

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