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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: SHRI
IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK CUTTACK BENCH, CUTTACK BEFORE SHRI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL JUDICIAL MEMBER
ITA No.01/CTK/2019 Assessment Year: 2015-16 16 Parameswar Multi Parameswar Multi Purpose Vs. ITO, Angul Ward, Angul ITO, Angul Ward, Angul Coal Transport Co Coal Transport Co-operative Limited, At: Ambamunda, Limited, At: Ambamunda, Talcher, Dist: Angul. Talcher, Dist: Angul. PAN/GIR No. No.AABAP 9791 P (Appellant (Appellant) .. ( Respondent Respondent)
ITA No.02/CTK/2019 Assessment Year: 2015-16 16 M/s. M/s. Laxminarayana Laxminarayana Self Self Vs. ITO, Angul Ward, Angul ITO, Angul Ward, Angul Labour & Transport, Labour & Transport, At: Shree Ganesh Villa, Qr No.9, Shree Ganesh Villa, Qr No.9, Bikash Nagar, PTI, Angul Bikash Nagar, PTI, Angul PAN/GIR No. PAN/GIR No.AAAAL 5590 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri K.K.Bal K.K.Bal Revenue by : Shri Subhendu Dutta, DR Subhendu Dutta, DR Date of Hearing : 14/0 05/ 2019 Date of Pronouncement : 14/ /05/ 2019 O R D E R Both the appeals filed by the Both the appeals filed by the separate assesses assesses are directed against the against the common order of the Commissioner of Income order of the Commissioner of Income
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Tax(Appeals) Tax(Appeals)-2, Bhubaneswar both dated 10.10.2018 10.10.2018 for the assessment year 20 assessment year 2015-16.
The common grounds raised in both the appeals are as common grounds raised in both the appeals are as common grounds raised in both the appeals are as under:
“1. For that the order of the forum below is arbitrary and “1. For that the order of the forum below is arbitrary and “1. For that the order of the forum below is arbitrary and unjust in the facts and circumstances of the case, hence unjust in the facts and circumstances of the case, hence unjust in the facts and circumstances of the case, hence liable to be quashed. liable to be quashed. 2. For that the AO erred in making addition by taking into 2. For that the AO erred in making addition by taking into 2. For that the AO erred in making addition by taking into account the wrong cash book instead of the actual cash ount the wrong cash book instead of the actual cash ount the wrong cash book instead of the actual cash book furnished by the Accountant of the assessee in the book furnished by the Accountant of the assessee in the book furnished by the Accountant of the assessee in the course of assessment. Therefore, the addition is arbitrary course of assessment. Therefore, the addition is arbitrary course of assessment. Therefore, the addition is arbitrary and liable to be deleted. and liable to be deleted. 3. For that the AO erred in making addition u/s.68 the 3. For that the AO erred in making addition u/s.68 the 3. For that the AO erred in making addition u/s.68 the negativ negative cash balance, which has not been credited in the e cash balance, which has not been credited in the assessee’s books of account. Therefore, the addition is assessee’s books of account. Therefore, the addition is assessee’s books of account. Therefore, the addition is illegal and liable to be deleted. illegal and liable to be deleted. 4. For that in course of assessment the assessee furnished 4. For that in course of assessment the assessee furnished 4. For that in course of assessment the assessee furnished the salary distribution statement in support of the sal the salary distribution statement in support of the sal the salary distribution statement in support of the salary paid to the employees. In the salary distribution statement, paid to the employees. In the salary distribution statement, paid to the employees. In the salary distribution statement, the employees have put their signature with date while the employees have put their signature with date while the employees have put their signature with date while receiving the salary. This fact should have been considered receiving the salary. This fact should have been considered receiving the salary. This fact should have been considered prior to making addition. Therefore, the addition is not just prior to making addition. Therefore, the addition is not just prior to making addition. Therefore, the addition is not just and proper a and proper and liable to be deleted. 5. For that the CIT(A) erred in appreciating the peak 5. For that the CIT(A) erred in appreciating the peak 5. For that the CIT(A) erred in appreciating the peak negative cash balance without verifying the actual cashbook negative cash balance without verifying the actual cashbook negative cash balance without verifying the actual cashbook and supporting evidence.” and supporting evidence.” 3. I have considered the rival submissions, perused the I have considered the rival submissions, perused the I have considered the rival submissions, perused the relevant materials on record of the relevant materials on record of the Tribunal. Ld A.R. of the Tribunal. Ld A.R. of the assessee submitted that the Assessing Officer has taken into assessee submitted that the Assessing Officer has taken into assessee submitted that the Assessing Officer has taken into consideration the wrong cash book while making the addition consideration the wrong cash book while making the addition consideration the wrong cash book while making the addition ignoring the correct cash book filed before him. He submitted that ignoring the correct cash book filed before him. He submitted that ignoring the correct cash book filed before him. He submitted that P a g e 2 | 4
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before the CIT(A), the assessee had take before the CIT(A), the assessee had taken a plea that the due to n a plea that the due to technical error while taking print out from tally package, the technical error while taking print out from tally package, the technical error while taking print out from tally package, the negative cash book was furnished, however, when it came to the negative cash book was furnished, however, when it came to the negative cash book was furnished, however, when it came to the knowledge of the assessee, the correct cash book was furnished, knowledge of the assessee, the correct cash book was furnished, knowledge of the assessee, the correct cash book was furnished, but the Assessing Officer refused to take but the Assessing Officer refused to take the same on record. The the same on record. The CIT(A) did not accept the contention of the assessee and CIT(A) did not accept the contention of the assessee and CIT(A) did not accept the contention of the assessee and confirmed the action of the Assessing Officer. Ld A.R. also confirmed the action of the Assessing Officer. Ld A.R. also confirmed the action of the Assessing Officer. Ld A.R. also submitted that although the correct cash book was filed before the submitted that although the correct cash book was filed before the submitted that although the correct cash book was filed before the CIT(A), he did not give any findings on the s CIT(A), he did not give any findings on the same. Therefore, the ame. Therefore, the matter be restored to the file of the Assessing Officer to consider matter be restored to the file of the Assessing Officer to consider matter be restored to the file of the Assessing Officer to consider the correct cash book and decide the issue afresh. the correct cash book and decide the issue afresh. the correct cash book and decide the issue afresh.
Ld D.R. agreed to the submissions of the assessee and also Ld D.R. agreed to the submissions of the assessee and also Ld D.R. agreed to the submissions of the assessee and also further submitted that to avoid the multiplicity of th further submitted that to avoid the multiplicity of th further submitted that to avoid the multiplicity of the proceedings, the matter should be restored to the file of the Assessing Officer. the matter should be restored to the file of the Assessing Officer. the matter should be restored to the file of the Assessing Officer.
In view of above, I set aside the orders of lower authorities In view of above, I set aside the orders of lower authorities In view of above, I set aside the orders of lower authorities and remit th and remit this issue in both the appeals to the file of the Assessing is issue in both the appeals to the file of the Assessing Officer for limited purposes that to a Officer for limited purposes that to accept the correct cash book ccept the correct cash book on record and after verification decide the issue afresh as per law on record and after verification decide the issue afresh as per law on record and after verification decide the issue afresh as per law and after giving opportunity to the assessee. and after giving opportunity to the assessee.
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In the result, both the appeals are allowed for statistical In the result, both the appeals are allowed for statistical In the result, both the appeals are allowed for statistical purposes.
Order pronounced on Order pronounced on 14 /05/2019. Sd/ Sd/- (Chandra Mohan Garg Chandra Mohan Garg) JUDICIALMEMBER JUDICIALMEMBER Cuttack; Dated Cuttack; Dated 14 /05/2019 B.K.Parida, SPS B.K.Parida, SPS Copy of the Order forwarded to Copy of the Order forwarded to : 1. The Appellant : The Appellant : Parameswar Multi Purpose Parameswar Multi Purpose Coal Transport Co Coal Transport Co-operative Limited, At: operative Limited, At: Ambamunda, Talcher, Dist: Angul/ Ambamunda, Talcher, Dist: Angul/ Laxminarayan Laxminarayan Laxminarayan Self Self Self Labour Labour Labour Transport Transport Transport Limited.,Angul. Limited.,Angul.
The Respondent. The Respondent. ITO, Angul Ward, Angul 3. The CIT(A) The CIT(A)-2, Bhubaneswar 4. Pr.CIT-2, Bhubaneswar. 2, Bhubaneswar. 5. DR, ITAT, Cuttack DR, ITAT, Cuttack 6. Guard file. Guard file. //True Copy// //True Copy// By order
Sr. Pvt. Secretary, ITAT, Cuttack
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