THE DCIT, 5(1), INDORE vs. M/S. SATNAM TRANSPORT COMPANY, INDORE

ITA 285/IND/2013Status: DisposedITAT Indore19 January 2018AY 2009-1012 pages
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What did the Tribunal hold?

For AY 2008-09, the Tribunal upheld the CIT's revision under Section 263, finding the AO's order erroneous and prejudicial to revenue due to late TDS deposit. For AY 2009-10, the Tribunal set aside the rejection of books of accounts and restored the issues to the AO for fresh adjudication.

What were the facts?

The assessee claimed deduction for freight payments where TDS was deducted but deposited late. The CIT invoked Section 263 to revise the assessment order, holding that the AO erred in allowing the deduction. For another assessment year, the AO rejected the assessee's books of accounts due to discrepancies in receipts and unverified expenses.

What were the issues?

Whether the CIT was justified in revising the assessment order under Section 263 for late TDS deposit? Whether the AO was justified in rejecting the assessee's books of accounts due to discrepancies and unverified expenses?

Which sections of the Income-tax Act were involved?

Section 40(a)(ia),Section 263,Section 145(3),Section 44AB

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Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI KUL BHARAT & SHRI MANISH BORAD

For Appellant: Shri Girish Agrawal & Subhash Jain CA
For Respondent: Shri Lal Chand, CIT-DR
Hearing: 02.01.2018Pronounced: 19.01.2018

PER KUL BHARAT, J.M: These three appeals by the assessee and Revenue pertaining to the A.Y. 2008-09 directed against two separate orders of Ld.

Commissioner of Income Tax-II, and Commissioner of Income Tax dated 25.03.2013 & 11.02.2013 respectively.

First, we take up the appeal pertaining to the A.Y. 2008-09, the assessee has raised following grounds of appeal: “1.On the facts and in

The order continues below.

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