Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)
IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI (Before Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)
ITA No. 233/Ran/18 : Asstt. Year : 2015-16
M/s. G.S Malhotra Vs ACIT, Cir-2(1), H ‘bagh PAN: AAHFG7837Q (APPELLANT) (RESPONDENT)
Appellant/assessee by : Shri Devesh Poddar, Advocate, ld.AR Respondent/department by : Shri Inderjeet Singh, CIT/ld.DR
Date of Hearing : 11-01-2019 Date of Pronouncement: 22 -02-2019 ORDER PER BENCH: The captioned appeal filed by the assessee, pertaining to assessment year 2015-16, is directed against the order passed by the Commissioner of Income-tax (Appeals), Hazaribagh, dated 10-05-2018, which in turn arises out of an order passed by the Assessing Officer u/s. 143(3) of the Income-Tax Act, 1961 (in short, the Act),dated 29-11-2017.
We have heard both the parties and perused the record. We find that the ld. CIT(A) in this case had made disallowance @ 5% under the head ‘site and miscellaneous expenses’ as against 10% made by the AO. The ld. CIT(A) restricted Page1 the same at 5%. Similar disallowance was made by the ITAT, Ranchi in various cases at 6% on identical issue. Keeping in view of the same and various judicial 1 ITA No. 233/Ram18 A.Y 2015-16 M/s. G.S Malhotra
pronouncements on similar issue held by the ITAT, we restrict the same at 6% ( Rs. 67,43,378 x 6%, Rs. 4,04,600/-) as against 5% by the ld.CIT(A). Thus, the assessee gets relief of Rs.4,04,600/-. Grounds raised by the assesse are partly allowed.
In the result, the appeal filed by the assessee is partly allowed.
Order Pronounced in the Open Court on 22 -02-2019
Sd/- Sd/- (S. S. Godara) (Dr. A.L.Saini) Judicial Member Accountant Member Dated: 22-02-2019 *PRADIP (Sr.PS) Copy of the order forwarded to: 1. The Appellant/Assessee: M/s G.S Malhotra, Goriary Bijulia, Ramgarh-829112. 2 The Respondent/Department : ACIT, Circle-2(1), Aaykar Bhawan, Hazaribag-825301. 3. The CIT-, 4. The CIT(A)-, 5. DR, Ranchi Benches, Ranchi True Copy, By order, Assistant Registrar /Senior P.S ITAT, Ranchi Benches
Page2 2 ITA No. 233/Ram18 A.Y 2015-16 M/s. G.S Malhotra