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Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI
Before: Shri JOGINDER SINGH, & Shri G. MANJUNATHA
आदेश / O R D E R
Per Joginder Singh (Judicial Member) The assessee is aggrieved by the impugned order dated 22nd February, 2013 of the learned first appellate authority disallowing the commission of Rs 41,72,725/- out of the total commission of Rs 1,25,00,445/- made vide order dated 30.12.2011. During hearing the learned counsel for the assessee Shri Vijay T Parmar, filed a paper-book containing additional evidences to substantiate its claim by contending that due to certain unavoidable circumstances these additional evidence could not be filed but the same goes to the root of the matter and the assessee is in a position to explain the genuineness of the commission. On the other hand, the learned DR Shri V Vidyadhar, contended that it was the duty of the assessee to file the necessary details before the learned Assessing Officer.
We have considered the rival submissions and perused the material available on record. The facts in brief are that the assessee claimed trade commission amounting to Rs 2,78,13,197/-. On scrutiny of the details it was found that the assessee paid Rs 1,35,16,728/- to twenty parties for the services provided by them with respect to sales. The details of such parties are available in the assessment order. Due to variation in the rates, the learned Assessing Officer issued notices u/s. 133(6) to the parties and certain anomalies were noted. Some of the parties duly confirmed the transaction of purchases but as per the Revenue for remaining parties the assessee could not justify the payment of commission thus, out of the commission the learned Assessing Officer disallowed Rs1,25,99, 445/-. On appeal before the CIT(A) the factual matrix was considered and out of the disallowed commission of Rs 1,25,00,445/- deleted the addition of Rs 83,27,725/- and the remaining amount of Rs 41,72,725/- was confirmed. Before us the assessee has furnished the additional evidence and contended that the assessee is in a position to substantiate the claim and due to certain unavoidable circumstances, could not file the details before the learned CIT(A). We are of the view that the mandate of Article 265 of Constitution of India is to levy and collect due taxes therefore, we remand this appeal to the file of the learned Assessing Officer to examine the claim of the assessee afresh. The assessee is directed to furnish the necessary evidence before the learned Assessing Officer to substantiate its claim for which due opportunity of being heard be provided to the assessee. The appeal of the assessee is allowed for statistical purposes only.
Finally the appeal of the assessee is allowed for statistical purposes.