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Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH
Before: Shri Amarjit Singh
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “B” BENCH Before: Shri Amarjit Singh , Accountant Member And Ms. Madhumita Roy, Judicial Member ITA No. 3139/Ahd/2016 Assessment Year 2012-13
M/s. Jivanlal Joitaram The ACIT, Patel, Parishram Patel Kheda Circle, Estate, Station Road, Vs Nadiad Thasra, (Respondent) Dist. Kheda-388250 PAN: AABFJ3791L (Appellant)
Revenue by: Shri Mudit Nagpal, Sr. D.R. Assessee by: Shri Anil R. Shah and Ms. Kinjal Shah, ARs Date of hearing : 05-03-2019 Date of pronouncement : 12-03-2019 आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-
This assessee’s appeal for A.Y. 2012-13, arises from order of the CIT(A)-2, Vadodara dated 09-09-2016, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.
The solitary ground of appeal of the assessee is against the decision of ld. CIT(A) in confirming addition of Rs. 27,44,542/- of contract receipt made by the assessing officer based on information appearing in 26AS.
I.T.A No. 3139/Ahd/2016 A.Y. 2012-13 Page No 2 M/s. Jivanlal Joitaram Patel vs. ACIT
The fact in brief is that assessee has filed return of income declaring income at Rs. 45,53,440/- on 30th Sep, 2012. Subsequently, the case was selected under scrutiny by issuing of notice u/s. 143(2) of the act on 7th August, 2013. During the course of assessment on verification of the receipt shown in the books of accounts and comparing it with the receipt appearing in form no. 26AS, the assessing officer has noticed that assessee has not shown contract receipt of Rs. 27,44,542/- from Pradhan Mantri Gram Sadak Yogna. The assessing officer has added the same to the total income of the assessee on that ground that assessee’s counsel could not compulsory explained the same.
Aggrieved assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has dismissed the appeal of the assessee.
We have heard the rival contentions and perused the material on record carefully. During the course of hearing before us, the ld. counsel has contended that ld. CIT(A) has incorrectly adjudicated that sum of Rs. 27,44,542/- has not been included in the work-in-progress reflected at Rs. 2.07 crores in the P & L a/c. It was also contended that assessee was not asked to provide the break-up of work-in-progress by the lower authorities. As per the material on record on the basis of Form No. 26AS, the assessing officer has noticed that the assessee has received contractual receipt of Rs.27,44,542/- from Pradhan Mandri Gram Sadak Yojana. The asseessee had claimed that the bill for the aforesaid amount was finalized on 10-01- 2013, therefore, the impugned receipt was not considered while filing the return of income on 30.09.2012 and the value of pending bill was accounted
I.T.A No. 3139/Ahd/2016 A.Y. 2012-13 Page No 3 M/s. Jivanlal Joitaram Patel vs. ACIT
in the work in progress. The ld. CIT(A) has held that the breakup of closing inventories was also not filed by the assessee before the assessing officer. We have gone through the order of the assessing officer and observed that the assessing officer has not categorically given any finding that the assessee has failed to establish with cogent evidences that the work-in-progress of Pradhan Mantri Gram Sadak Yojana was not reflected in the closing stock inventories. In the light of the above fact and after considering the submission of the assessee that at the year end as on 31-03-2012, the value of pending bill was laying under work in progress as the bills were not finalized by the competent authority, we are of the view it will be appropriate to restore this issue to the file of the assessing officer to decide the same afresh after examination of the relevant material to be provided by the asssessee in the set aside proceedings. Accordingly, we restore the matter to the file of the assessing officer for deciding as directed above after affording adequate opportunity to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 12-03-2019
Sd/- Sd/- (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 12/03/2019 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:-
I.T.A No. 3139/Ahd/2016 A.Y. 2012-13 Page No 4 M/s. Jivanlal Joitaram Patel vs. ACIT
Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद