PARAMESWAR MULTI PURPOSE COAL TRANSPORT CO-OP LIMITED,ANGUL vs. ITO,ANGUL WARD, ANGUL

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK

BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER

ITA No.01/CTK/2019 Assessment Year: 2015-16

Parameswar Multi Purpose Vs. ITO, Angul Ward, Angul Coal Transport Co-operative Limited, At: Ambamunda, Talcher, Dist: Angul. PAN/GIR No.AABAP 9791 P (Appellant) .. ( Respondent)

ITA No.02/CTK/2019 Assessment Year: 2015-16

M/s. Laxminarayana Self Vs. ITO, Angul Ward, Angul Labour & Transport, At: Shree Ganesh Villa, Qr No.9, Bikash Nagar, PTI, Angul PAN/GIR No.AAAAL 5590 P (Appellant) .. ( Respondent)

Assessee by : Shri K.K.Bal Revenue by : Shri Subhendu Dutta, DR

Date of Hearing : 14/05/ 2019 Date of Pronouncement : 14/05/ 2019

O R D E R Both the appeals filed by the separate assesses are directed

against the common order of the Commissioner of Income

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Tax(Appeals)-2, Bhubaneswar both dated 10.10.2018 for the

assessment year 2015-16.

under:

“1. For that the order of the forum below is arbitrary and unjust in the facts and circumstances of the case, hence liable to be quashed. 2. For that the AO erred in making addition by taking into account the wrong cash book instead of the actual cash book furnished by the Accountant of the assessee in the course of assessment. Therefore, the addition is arbitrary and liable to be deleted. 3. For that the AO erred in making addition u/s.68 the negative cash balance, which has not been credited in the assessee’s books of account. Therefore, the addition is illegal and liable to be deleted. 4. For that in course of assessment the assessee furnished the salary distribution statement in support of the salary paid to the employees. In the salary distribution statement, the employees have put their signature with date while receiving the salary. This fact should have been considered prior to making addition. Therefore, the addition is not just and proper and liable to be deleted. 5. For that the CIT(A) erred in appreciating the peak negative cash balance without verifying the actual cashbook and supporting evidence.” 3. I have considered the rival submissions, perused the

relevant materials on record of the Tribunal. Ld A.R. of the

assessee submitted that the Assessing Officer has taken into

consideration the wrong cash book while making the addition

ignoring the correct cash book filed before him. He submitted that

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before the CIT(A), the assessee had taken a plea that the due to

technical error while taking print out from tally package, the

negative cash book was furnished, however, when it came to the

knowledge of the assessee, the correct cash book was furnished,

but the Assessing Officer refused to take the same on record. The

CIT(A) did not accept the contention of the assessee and

confirmed the action of the Assessing Officer. Ld A.R. also

submitted that although the correct cash book was filed before the

CIT(A), he did not give any findings on the same. Therefore, the

matter be restored to the file of the Assessing Officer to consider

the correct cash book and decide the issue afresh.

further submitted that to avoid the multiplicity of the proceedings,

the matter should be restored to the file of the Assessing Officer.

and remit this issue in both the appeals to the file of the Assessing

Officer for limited purposes that to accept the correct cash book

on record and after verification decide the issue afresh as per law

and after giving opportunity to the assessee.

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purposes.

Order pronounced on 14 /05/2019. Sd/- (Chandra Mohan Garg) JUDICIALMEMBER Cuttack; Dated 14 /05/2019 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : Parameswar Multi Purpose Coal Transport Co-operative Limited, At: Ambamunda, Talcher, Dist: Angul/

Laxminarayan Self Labour Transport Limited.,Angul.

Sr. Pvt. Secretary, ITAT, Cuttack

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