No AI summary yet for this case.
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI C.M. GARG, JM & SHRI L.P. SAHU, AM
आयकर अपीऱीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI L.P. SAHU, AM आयकर अपीऱ सं./ITA No.98/CTK/2019 (नििाारण वषा / Assessment Year :2015-2016) M/s Binod Automobiles, Vs. ITO, Angul Ward, Angul NH-55, Villa/PO:Kandasar, Odisha-759145 स्थायी लेखा सं./PANNo. : AALFB 0713 C (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee by : Shri Ranajeet Singh, an employee of the assessee. िाजस्व की ओर से /Revenue by : Shri J.K.Lenka, DR
सुनवाई की तािीख / Date of Hearing : 18/11/2019 घोषणा की तािीख/Date of Pronouncement : 19/11/2019 आदेश / O R D E R Per L.P.Sahu, AM: This is an appeal filed by the assessee against the order passed by the CIT(A)-2, Bhubaneswar, dated 21.01.2019 for the assessment year 2015-2016 on the following grounds of appeal :- 1. Decision of CIT (A) upholding the addition by AO Rs.2,88,900/- to returned income against partner drawing of Rs.1,25,000 from capital, Rs 1,57,400 salary advance by working partner and Rs 6,500 payment to supplier without considering the assessee/appellant written submission dt. 21.12.2008 before Ld CIT (A), is erroneous, based on assumptions and biased. 2. Addition by AO based on impounded loose sheets from survey conducted on 5.2.2015 much before the completion of accounting period ended as on 31.03.2015 and auditing thereof, is premature, arbitrary, erroneous and not based on principle. 3. The audited profit & loss statement and balance sheet has shown such expenditure properly categorizing as partner drawing from capital and partner salary. The Appellant at relevant para 16(B)
2 ITA No.98/CTK/2019 of submission dt 21.12.2018 has clearly explained each transaction which were not relied by AO but deserved a consideration by CIT (appeals) for granting justice to the assessee.
Brief facts of the case are that the assessee filed return of income
on 30.09.2015 disclosing total income of Rs.9,50,150/- which was
processed u/s.143(1) of the Act. Subsequently, the case was selected
for scrutiny and statutory notices were issued to the assessee. A survey
was conducted u/s.133A of the Act in the case of the assessee on
05.02.2015. During the course of survey, it was noticed that certain
loose sheets were impounded marked as BHAA-4 which was observed
by the AO as a personal expenditure reflected in the assessment order.
In this regard, a show cause notice was issued to the assessee but the
assessee could not explain before the AO, therefore, the AO treated it as
a diversion of profit and claimed as expenditure and he further noted
that these expenditures were not incurred for promoting business of
the partnership firm. Accordingly, he disallowed to the tune of
Rs.2,88,900/-.
Feeling aggrieved from the order of AO, the assessee filed appeal
before the CIT(A) and the CIT(A) dismissed the appeal of the assessee
after considering the submissions of the assessee.
Aggrieved from the order of CIT(A), the assessee is in further
appeal before the Income Tax Appellate Tribunal.
3 ITA No.98/CTK/2019 5. Shri Ranajeet Singh, an employee who appeared on behalf of the
assessee-company submitted that during the course of survey no such
expenses were debited to the profit and loss account of the assessee
and the books of accounts of the assessee are properly audited. Shri
Singh further submitted that the amount as disputed by both the
authorities below has been taken either as a salary or drawings of the
managing partner. However, the CIT(A) observed that the assessee has
not filed any explanation before the AO. Therefore, he submitted that
assessee could be able to substantiate its claim if one more opportunity
to be given to represent its case before the AO.
On the other hand, ld.DR relied on the orders of authorities
below.
After hearing both the sides and perusing entire material
available on record, we noticed that as per the observations of AO, on
the date of survey carried out u/s.133A of the Act some loose papers
were found and impounded by the survey team. It is clear from the
order of authorities below that during the survey proceedings
u/s.133A of the Act, some loose documents were found, but the AO has
made additions as these expenses have been charged into the profit
and loss account. On perusal of the assessment order as well as the
appellate order, it is not clear as to whether the amount has been
debited to the profit and loss account of the assessee or not and we
4 ITA No.98/CTK/2019 noted that these facts have not been examined by the authorities below
properly. Therefore, in the interest of justice, we remit the issue back to
the file of AO to verify as to whether the amount in question has been
debited to the profit and loss account and consider the claim of the
assessee accordingly after affording reasonable opportunity of being
heard to the assessee. The assessee is also directed to cooperate the AO
in early disposal of the case. Thus, grounds of appeal raised by the
assessee are allowed for statistical purposes.
In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 19/11/ 2019. Sd/- Sd/- (C.M.GARG) (L.P.SAHU) न्यानयक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER कटक Cuttack; ददनांक Dated 19/11/2019 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order forwarded to : अऩीलाथी / The Appellant- 1. M/s Binod Automobiles, NH-55, Villa/PO:Kandasar, Odisha-759145 प्रत्यथी / The Respondent- 2. ITO, Angul Ward, Angul आयकि आयुक्त(अऩील) / The CIT(A), 3. आयकि आयुक्त / CIT 4. ववभागीय प्रनतननधध, आयकि अऩीलीय अधधकिण, कटक / DR, ITAT, Cuttack 5. गार्ा पाईल / Guard file. 6. आदेशािुसार/ BY ORDER, सत्यावऩत प्रनत //True Copy// (Senior Private Secretary) आयकर अपीऱीय अधिकरण, कटक /ITAT, Cuttack