ACIT, CIRCLE-2(1), SAMBALPUR, SAMBALPUR vs M/S. DIVAKAR ENGINEERING PVT. LTD., SAMBALPUR

Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK

Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE

For Appellant: Shri B.R. Panda, AR

For Respondent: Shri Piyush Kolhe, CIT DR

Pronounced: 28/02

per law.

The third disputed issue is that the CIT(A) has erred in deleting the

difference of sundry credit balance of Rs.1,00,000/- based on the

submission of the assessee. We find that the CIT(A) has dealt on this

issue but there is no evidence placed either in the appellate proceedings

or during assessment proceedings by the assessee except mentioning

that M/s. Vaishnavi Road Carriers has raised bill of higher amount and it

15 ITA No. 507/CT K/ 2014 c.o. No. 08/CT K/ 2015 Asse ssment Year : 20 10- 201 1

was settled for a lower amount. We find that there should be supporting

reasons for reducing the bill and the confirmation of the third party in the

assessment proceedings regarding the difference. Accordingly, we set

aside the order of the CIT(A) on this issue and remit this back to the file

of the Assessing Officer to call for information and verify the same and

pass the order as per law.

11.

The C.O. filed by the assessee is barred by limitation by 25 days.

After considering the condonation petition, we are convinced that the

assessee was prevented by sufficient cause in filing the cross objection

and filed delayed by 25 days. Hence, we condone the delay and admit

the cross objection for our adjudication.

12.

We find that the cross objection is in support of the order of the

CIT(A). In view of our decision in the revenue’s appeal, the C.O. filed by

the assessee is rendered infructuous and hence, dismissed.

13.

In the result, appeal filed by the revenue is partly allowed for

statistical purposes and cross objection filed by the assessee is dismissed

as infructuous.

Order pronounced on 28 /02/2018. SD/- SD/- (N.S Saini) (Pavan Kumar Gadale) ACCOUNTANT MEMBER JUDICIALMEMBER Cuttack; Dated 28 /02/2018 B.K.Parida, SPS

16 ITA No. 507/CT K/ 2014 c.o. No. 08/CT K/ 2015 Asse ssment Year : 20 10- 201 1

Copy of the Order forwarded to : 1. The revenue: ACIT, Circle 2(1), Sambalpur 2. The respondent/assessee:M/s. Divakar Engineering Pvt Ltd., 3rd floor, Paradise Chamber, Budharaja, Sambalpur 3. The CIT(A)-II, Bhubaneswar 4. Pr.CIT- 5. DR, ITAT, Cuttack BY ORDER, 6. Guard file. //True Copy// SR.PRIVATE SECRETARY ITAT, Cuttack

ACIT, CIRCLE-2(1), SAMBALPUR, SAMBALPUR vs. M/S. DIVAKAR ENGINEERING PVT. LTD., SAMBALPUR