DCIT, Circle-35, Kolkata vs. M/S. Indian Coal Agency, Kolkata
In the result, the appeal for AY 2013-14 is partly allowed
ITA 1258/KOL/2018[2015-16]Status: DisposedITAT Kolkata20 May 2025AY 2015-16
Bench: Sonjoy Sarma & Sri Rakesh Mishra
Section 143(3)Section 14A
…is being drawn from the decision of ITAT Agra Berich in the case of ACIT- 3 VS m/s. Brij Bhasi Hitech Udyog Ltd, in ITA No.188/Agra/2010 dt.18.01.2013. The Hon'ble Supreme Court, long back, in the case of Lakshmi Ratan Cotton Mills Company Ltd. VS. CIT (1969) 37 ITR 634 has held that burden of proving that services were rendered by the agents to justify the payments as an expenditure incurred wholly and exclusively for the purpose of business, is on the assessee. In the instant case, there is nothing on record to establish whether any services have been rendered by the purported Brokers/Agents at all and as such…