SABARI FOUNDATION P LTD.,CHENNAI vs. ITO CORPORATE WARD 6(1), CHENNAI

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ITA 1343/CHNY/2018Status: DisposedITAT Chennai18 November 2022AY 2013-143 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal set aside the disallowance of Rs. 1 crore to allow the assessee to reconcile the amount. The AO will decide on the disallowance based on the facts presented by the assessee.

What were the facts?

The Assessing Officer (AO) made a disallowance of Rs. 1 crore under Section 41(1)(a) of the Income Tax Act, treating an advance received from Sri Ramakrishna Raja as a cessation of liability. The assessee contended that this amount was disputed and requested an opportunity to reconcile it.

What were the issues?

Whether an advance received can be treated as a cessation of liability for disallowance under Section 41(1)(a) when the assessee seeks to reconcile the amount.

Which sections of the Income-tax Act were involved?

Section 41(1)(a)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI G. MANJUNATHA

Hearing: 16.11.2022Pronounced: 18.11.2022

आदेश /O R D E R

PER MAHAVIR SINGH, VICE PRESIDENT:

1.

This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals)-15, Chennai in dated 31.01.2018. The assessment was framed by the Income Tax Officer, Corporate Ward 6(1), Chennai

2013-14 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’) vide order dated 31.03.2016.

2.

The only issue in this appeal of assessee is as regards to the order of CIT(A) confirming the action of the AO in making disallowance u/s.41(1)(a) of the Act and that also to the extent of Rs.1 crore, which is not reconciled on account of Sri Ramakrishna Raja.

3.

Brief facts relating to this short issue are that the AO made disallowance u/s.41(1)(a) of the Act on the ground that advance received from Sri Ramakrishna Raja amounting to Rs.3.96 crores is cessation of liability and assessee has not reconciled the amount to the extent of Rs.1 crore. The ld.counsel stated that this amount of Rs.1 crore is only disputed by assessee now. He requested that for reconciliation purpose, the matter can be referred back to the file of the AO and in case, the assessee is able to reconcile this amount of Rs.1 crore as noted by CIT(A) in para 6.5.3 at page 18 of his order in tabular form at item 4, the same can be adjudicated and decided accordingly. To this proposition, the ld. Senior DR has not raised any objection.

4.

After hearing rival contentions and going through the facts of the case, we set aside this amount of Rs.1 crore disallowed by AO u/s.41(1)(a) of the Act, so that the assessee can reconcile and whether this is to be disallowed or not, the AO will decide based on the facts of the case. Accordingly, this issue of assessee’s appeal is set aside to the file of the AO and allowed for statistical purposes.

5.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

Order pronounced in the open court on 18th November, 2022 at Chennai.

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