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Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR
Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA. No. 604/JP/2018
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh fot; ikWy jko] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA. No. 604/JP/2018 fu/kZkj.k o"kZ@Assessment Years : 2014-15 cuke M/s Shree Agarwal Mahasabha, ITO vs Near Bus Stand, Alwar Ward Exemption, Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAAJS2250G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri P. C. Parwal (CA) jktLo dh vksj ls@ Revenue by : Shri Rajendra Jha (JCIT) lquokbZ dh rkjh[k@ Date of Hearing : 07/08/2018 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 08/08/2018 vkns'k@ ORDER
PER: VIKRAM SINGH YADAV, A.M. This is an appeal filed by the assessee against the order of ld. CIT(A)- 22, Alwar dated 15.03.2018 for Assessment Year 2014-15 wherein the assessee has challenged the addition of Rs. 6,47,210/- made by the Assessing Officer on estimated basis and which has been confirmed by the ld. CIT(A).
Briefly stated, the facts of the case are that during the course of assessment proceedings, the AO observed that the assessee has not produced its books of accounts and in the absence of books of accounts
2 ITA No. 604/JP/2018 M/s Shree Agarwal Mahasabha, Alwar vs. ITO, Alwar
and vouchers, expenditure incurred by the assessee is not verifiable. The AO thereafter, disallowed 10 % of the total expenditure amounting to Rs. 6,47,210/- and brought the same to tax in the hands of the assessee. Being aggrieved, the assessee carried the matter in appeal before the ld. CIT(A) who has confirmed the said addition.
During the course of hearing, the ld. AR submitted that the assessee has shown gross income of Rs. 64,72,074/- and has incurred expenditure of Rs. 50,37,044/- and the AO has added 10% of the gross income instead of disallowing 10% of the expenditure. It was further submitted by the AR that the assessee has maintained its regular books of accounts along with supporting bills and vouchers and though the same could not be produced earlier during the course of assessment proceedings, the assessee may be given an opportunity to present the same and the matter may kindly be remand back to the Assessing Officer.
The ld. DR is heard who has not opposed the prayer so made by the ld. AR in terms of setting aside the matter.
After hearing both the parties, in the interest of justice, we deem it appropriate that the assessee be allowed another opportunity whereby it shall produce its books of accounts and other supporting vouchers before the Assessing officer for necessary verification. The matter is accordingly set aside to the file of the Assessing Officer to examine the same after providing reasonable opportunity to the assessee.
3 ITA No. 604/JP/2018 M/s Shree Agarwal Mahasabha, Alwar vs. ITO, Alwar In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 08/08/2018.
Sd/- Sd/- ¼fot; ikWy jko½ ¼foØe flag ;kno½ (Vijay Pal Rao) (Vikram Singh Yadav) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member
Tk;iqj@Jaipur fnukad@Dated:- 08/08/2018 *Ganesh Kr. आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- M/s Shree Agarwal Mahasabha, Alwar 2. izR;FkhZ@ The Respondent- ITO, Alwar 3. vk;dj vk;qDr@ CIT 4. vk;dj vk;qDr@ CIT(A) 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत. 6. xkMZ QkbZy@ Guard File { ITA No. 604/JP/2018} vkns'kkuqlkj@ By order, सहायक पंजीकार@Aेेज. त्महपेजतंत