SHRI NATWARLAL SHRICHAND SANGHVI,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-5(2)(5),, AHMEDABAD

PER Ms. MADHUMITA ROY - JM:

The instant appeal filed by the assessee is directed against the order dated 20.10.2017 passed by the Commissioner of Income Tax (Appeals)-5, Ahmedabad arising out of the order dated 05.12.2016 for the Assessment Year 2014-15 passed by the Income Tax Officer, Ward-5(2)(5), Ahmedabad under section 143(3) of the Income Tax Act, 1961 (hereinafter referred as to ‘The Act’).

The above said addition was confirmed in appeal by the Learned CIT(A).

So far as the disallowance of Commission Expenses to the tune of Rs.9,96,722/- is concerned, it appears from the records that the assessee claimed expenses on account of dalali and commission for which the details were called for including name, address, PAN, services provided by each party and date of commission paid to them by the assessee. In reply, the assessee furnished only the copy of ledger account to those parties whom the commission was paid. Further details though asked by the Learned AO, the assessee failed to produce the same and hence the disallowance of commission of Rs.9,96,722/- was made by the Learned AO, which was in turn confirmed by the Learned first appellate authority. In fact, during the appellate proceeding, it was contended by the assessee that he has paid commissions to those parties for the services rendered by them and those agent raised the bill from its HUF account, which the assessee had paid after deducting the TDS Asst.Year –2014-15 Asst.Year –2014-15 the assessee while taking the appeal and also to consider the evidences which the assessee may choose to file at the time of hearing. In that view of the matter, the assessee’s appeal is hereby allowed for statistical purposes.

आदेश क" ""त"ल"प अ"े"षत/Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant