HULIKAL VENKATESH RAJEEV KUMAR,BENGALURU vs. DC/ACIT CIRCLE 6(1)(1), , BENGALURU

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ITA 1848/BANG/2025Status: DisposedITAT Bangalore06 July 2026AY 2013-143 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the issue required fresh examination, including verification of recipient identity and nature of payments. The assessee was granted one more opportunity to furnish supporting documents, and the matter was restored to the Assessing Officer for fresh adjudication.

What were the facts?

The assessee claimed expenditure of Rs. 87,48,039/- against commission income. The Assessing Officer disallowed the entire expenditure for lack of sufficient supporting evidence. The assessee contended that details were furnished, but the lower authorities did not examine the claim in detail.

What were the issues?

Whether the disallowance of expenditure was justified without a detailed examination of the supporting evidence provided by the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, BANGALORE

Before: SHRI WASEEM AHMED & SHRI SANDEEP SINGH KARHAIL

For Appellant: Shri Kiran Kumar R, Advocate
For Respondent: Shri N Balusamy, JCIT (DR)
Hearing: 23.06.2026Pronounced: 06.07.2026

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER

ITA No.1848 & 1849/Bang/2025 Assessment Year: 2013-14 & 2014-15 Hulikal Venkatesh Rajeev Kumar, Vs. The DC/ACIT, 18, Banaswadi Main, Circle – 6(1)(1), Pulakeshi Nagar, Bengaluru. Bengaluru. PAN – AMZPR 9843 F APPELLANT RESPONDENT Assessee by : Shri Kiran Kumar R, Advocate Revenue by : Shri N Balusamy, JCIT (DR) Date of hearing : 23.06.2026 Date of Pronouncement : 06.07.2026 O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:

These appeals are filed by the assessee against the order passed by the ld. Commissioner of Income Tax (Appeals) for Assessment Year 2013-14 and 2014-15.

2.

We have heard both sides and perused the materials available on record. The assessee earned commission income of Rs. 91,13,225/-. Against the said income, the assessee claimed expenditure of Rs. 87,48,039/- only. However, the AO disallowed the entire expenditure on the ground that sufficient supporting evidence was not furnished.

ITA No.1848 & 1849/Bang/2025 Page 2 of 3 3. The assessee before the ld. CIT-A contended that details of expenses, bank statements and particulars of the recipients were furnished before the AO. But there was no success.

4.

The ld. AR before us had undertaken responsibility to file supporting documents and make necessary compliance during the assessment proceedings and thus, the ld. AR prayed for setting aside the issue to the file of the AO.

5.

On perusal of the record, we find that the issue requires fresh examination. The assessee claims to have furnished certain details and bank transactions in support of the expenditure. However, the authorities below have not examined the claim in detail. The identity of certain recipients and the nature of payments also require verification. Considering the facts and circumstances of the case, and in the interest of justice, we are of the view that one more opportunity should be granted to the assessee. Accordingly, the orders of the lower authorities on this issue are set aside. The matter is restored to the file of the Assessing Officer for fresh adjudication.

6.

The assessee shall furnish all supporting documents, confirmations, bank statements and other evidence in support of the expenditure claimed. The AO shall examine the evidence and decide the issue afresh in accordance with law after providing adequate opportunity of being heard to the assessee. We make it clear that we have not expressed any opinion on the merits of the claim of the assessee. Hence, the grounds of appeal are hereby allowed for statistical purposes.

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ITA No.1848 & 1849/Bang/2025 Page 3 of 3 7. In the result, the appeal of the assessee is hereby allowed for statistical purposes.

Coming to ITA No.1849/Bang/205 for AY 2014-15 8. The facts of the case on hand are identical to the facts of the case discussed above, therefore, respectfully following the same, we set aside the matter to the file of the Assessing Officer for fresh adjudication.

9.

In the result, the appeal of the assessee is hereby allowed for statistical purposes.

10.

In the combined result, the appeals of the assessee are hereby allowed for statistical purposes.

Order pronounced in court on 6th day of July, 2026

Sd/- Sd/- (SANDEEP SINGH KARHAIL) (WASEEM AHMED) Judicial Member Accountant Member Bangalore Dated, 6th July, 2026 / vms / Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, ITAT, Bangalore. 6. Guard file By order

Asst. Registrar, ITAT, Bangalore

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