GAUTAM ASHOK KUMAR KOHLI,MUMBAI vs. ITO CIRCLE 16(1), MUMBAI

Per: SHRI JAGADISH, A.M.:

ITA No.7933/M/2025 Gautam Ashok Kumar Kohli debited to the Profit & Loss account, (ii) difference in receipts of ₹22,85,835/- between Form 26AS and the receipts disclosed in the Profit & Loss account, and (iii) non-furnishing of requisite details in respect of contractual expenses attracting provisions of section 40(a)(ia) of the Act. 3. In the absence of satisfactory explanation and supporting evidences, the Assessing Officer completed the assessment under section 143(3) read with sections 143(3A) and 143(3B) of the Act on 10.03.2021, determining the total income at ₹77,34,226/- after making additions on account of disallowance of interest on TDS of ₹16,209/-, addition on account of difference in receipts of ₹22,85,835/-, and disallowance under section 40(a)(ia) of ₹7,58,572/-. 4. Aggrieved by the assessment order, the assessee preferred an appeal before the Ld. CIT(A). The Ld. CIT(A), however, confirmed the additions made by the Assessing Officer. 5. Before us, the Ld. Authorised Representative submitted that additional evidences have been filed in the form of ledger accounts of business promotion expenses (Paper Book pages 20–28), details of TDS on shooting expenses (Paper Book pages 29–31), statement of contractual payments along with deduction of TDS thereon, and party- wise reconciliation of turnover as per Form 26AS vis-à-vis the books of account. The Ld. Authorised Representative submitted that these evidences are crucial for adjudication of the issues relating to the addition of ₹22,85,835/- on account of difference between Form 26AS and the Profit & Loss account and disallowance under section 40(a)(ia) of ₹7,58,572/-. It was contended that these evidences could not be furnished before the lower authorities and therefore the matter may be restored for proper verification.

ITA No.7933/M/2025 Gautam Ashok Kumar Kohli 6. The Ld. Departmental Representative, on the other hand, relied on the orders of the lower authorities. 7. We have heard the rival submissions and perused the material available on record. It is observed that the additional evidences filed by the assessee are material and go to the root of the issues involved in the present appeal, namely, the addition on account of difference in receipts as per Form 26AS vis-à-vis the Profit & Loss account and the disallowance made under section 40(a)(ia) of the Act. Since these evidences were not examined by the lower authorities, in our considered view, the same require proper verification. Therefore, in the interest of justice, we deem it fit to restore the matter to the file of the Ld. CIT(A) for fresh adjudication of the issues after examining the additional evidences. 8. The Ld. CIT(A) shall afford reasonable opportunity of being heard to the assessee and decide the issues in accordance with law. The assessee is also directed to cooperate and furnish necessary details as may be called for. 9. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 27/04/2026.

Sd/- Sd/- (BEENA PILLAI) (JAGADISH) Judicial Member Accountant Member

Mumbai, Dated: 27/04/2026 Ashwani Rao Sr. Private Secretary

ITA No.7933/M/2025 Gautam Ashok Kumar Kohli

Copy of the order forwarded to: 1. Assessee 2. Respondent 3. The CIT 4. The CIT (Appeals) 5. The DR, I.T.A.T. By order

(Assistant Registrar) ITAT, Mumbai