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Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI N.S SAINI & PAVAN KUMAR GADALE
IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI
BEFORE SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No.60/Ran/2017 Assessment Year: 2012-2013
Jas kar Techno Pvt Ltd., 29- Vs. ITO, -1(4), Ranchi 30, 2nd floor, A.C.Market, Church Complex, Main Road, Ranchi. PAN/GIR No. AACCJ 3487 D (Appellant) .. ( Respondent)
Assessee by: Shri R.K Kaushal, CA Revenue by : Shri P.K.Mondal, JCIT
Date of Hearing : 22/05/ 2018 Date of Pronouncement : 23 /05/ 2018
O R D E R Per N.S.Saini, AM This is an appeal filed by the assessee against the order of CIT(A)-
Ranchi, dated 16.11.2016, for the assessment year 2012-13.
The assessee has raised the following grounds of appeal:
“1. Whether the AO was justified in disallowing a sum of Rs.1329344/- on adhoc basis @ 3% of other expenses on wrong appreciation of the facts that the assessee denied to produce the bills and vouchers. 2. Whether the AOP was justified in ignoring the plea of the assessee to produce specific bills and vouchers.” 3. The brief facts of the case are that the Assessing Officer found that the
assessee has debited Rs.4,33,11,459/- under the head “other expenses”.
2 ITA No.60/ R an/2 017 Asse ssmen t Year: 2 012 -20 13 The assessee showed all bills and vouchers maintained in tally but before
the Assessing Officer, the assessee also took plea that the branches of the
assessee were in different places. Hence, it was difficult to produce bills &
vouchers physically. From this, the Assessing Officer inferred that in
absence of physical verification of vouchers, possibility of excess claim of
expenses could not be denied and, therefore, disallowed 3% out of the total
expenses and added Rs.13,29,344/- to the income of the assessee.
On appeal, the CIT(A) also confirmed the action of the Assessing
Officer for the reason that the assessee failed to produce evidence before
the Assessing Officer.
Before us, the only argument of ld A.R. of the assessee is that the
vouchers are numerous and voluminous. The Assessing Officer had not
specified which vouchers he wanted to verify and that if he could have
required so, the assessee could have produced the same before him for
verification. He argued that in the interest of justice, one more opportunity
should be granted to the assessee to appear before the Assessing officer and
produce the vouchers, which he wants to verify.
Ld D.R. did not have any objection to the above submission of ld A.R.
of the assessee.
After considering the rival submissions and perusing the materials
available on record, we find that the disallowance of 3% of the expenses
3 ITA No.60/ R an/2 017 Asse ssmen t Year: 2 012 -20 13 claimed under the head “other expenses” was made leading to addition of
Rs.13,29,344/- in the hands of the assessee on the ground that the
assessee failed to produce the vouchers for expenses before the Assessing
Officer. Ld A.R. of the assessee has contended that the vouchers for the
expenses are numerous and voluminous and an opportunity should be
granted to the assessee to produce the vouchers before the Assessing
Officer, which the Assessing Officer wants to verify. Ld D.R. has no
objection and, therefore, in the given facts and circumstances of the case,
we set aside the orders of lower authorities and remand the matter back to
the file of the Assessing Officer for fresh adjudication of the issue. The
Assessee is directed to furnish the bills and vouchers as and when required
by the Assessing Officer for verification. With these directions, the appeal is
restored to the file of the Assessing Officer.
8 In the result, appeal filed by the assessee is allowed for statistical
purposes.
Order pronounced in the open court on 23 /05/2018
Sd/- sd/- (PAVAN KUMAR GADALE) (N.S Saini) JUDICIAL MEMBER ACCOUNTANT MEMBER Ranchi; Dated 23 /05 /2018 B.K.Parida, SPS
4 ITA No.60/ R an/2 017 Asse ssmen t Year: 2 012 -20 13 Copy of the Order forwarded to : 1. The Appellant : Jas kar Techno Pvt Ltd., 29-30, 2nd floor, A.C.Market, Church Complex, Main Road, Ranchi. 2. The respondent: ITO, -1(4), Ranchi 3. The CIT(A), Ranchi 4. Pr. CIT, Ranchi 5. DR, ITAT, Ranchi 6. Guard file. BY ORDER, //True Copy//
SR.PS, ITAT, CAMP AT RANCHI