Dismissing the appeal of the revenue the Court held that , Disallowances cannot be made merely on the ground that parties to whom payments were made not appeared before the AO in response to summons , when the assessee has furnished PAN numbers , TDS was deducted and details of the bank was furnished .Court also held that Tribunal correctly held that it is not possible for the assessee to compel the appearance of the parties before the AO.( ITA No. 1103 of 2015 dt. 28 -02 -2018 ) (AY. 2009-10)
PCIT v. Chawla Interbild Construction Co .Pvt. Ltd ( 2018) BCAJ -May. 63/( 2019) 412 ITR 152/ 263 Taxman 47 ( Bom) (HC)
S. 69C : Unexplained expenditure -Disallowances cannot be made merely on the ground that parties to whom payments were made not appeared before the AO in response to summons , when the assessee has furnished PAN numbers , TDS was deducted and details of the bank was furnished [ S. 37(1) , 131 ]