ITO, HAZARIBAGH vs. M/S JAI MATA DI ASSOCIATES, BOKARO

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ITA 148/RAN/2016Status: DisposedITAT Ranchi28 February 2018AY 2011-123 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the details of expenditure were not before the AO. Therefore, the matter was remanded to the AO for verification of the fuel expenditure details.

What were the facts?

The assessee, a firm, filed its return of income. The AO made an addition for non-production of PAN of the payee. The CIT(A) deleted the addition based on details of fuel expenditure filed by the assessee.

What were the issues?

Whether the CIT(A) was justified in deleting the addition without the details being verified by the AO. The need for verification of expenditure details.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 143(2),Section 142(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI

Before: SHRI J. SUDHAKAR REDDY & SHRI S.S.VISWANETHRA Ravi

For Appellant: Shri P.K.Mondal, ld.DR

Per Bench:

This appeal by the Revenue is against the order dated 09-03-

2016 passed by the ld. CIT(A), Hazaribagh, Jharkhand for the A.Y

2011-12.

2.

The brief facts of the case are that the assessee is a firm and

filed its return of income for the A.Y under consideration showing total

income at Rs.43,49,835/-. The same was processed u/s. 143(1) of the

Act. Notices u/s. 143(2) and 142(1) of the Act were issued. In

response to which, the AR of the assessee appeared and filed details

including books of account.

2 ITA No. 148/Ran/16 M/s. Jai Mata Di Associates

3.

Before us the ld. DR argued that the AO made the addition for

non production of PAN of the payee. Before the CIT-A the assessee

filed details of break up of expenditure on account of fuel expenditure,

basing on which, he directed the AO to delete the addition of

Rs.1,70,84,562/-. The ld. DR submits that such details were not before

the AO for verification in the assessment proceedings and prayed to

remand the matter to the file of the AO for verification of such details.

4.

It is noticed that the assessee filed adjournment petition stating

that the AR of the assessee is out of station and requested to post the

appeal for hearing after 15 days. In view of the submissions of the

ld.DR, the adjournment petition is dismissed. Therefore, in the interest

of justice, taking into considerations the facts and circumstances of the

case and the submissions of the ld.DR, we deem it fit and proper to

remand the matter to the file of the AO for verification of details of

expenditure on account of fuel expenditure. The AO shall pass a fresh

order as per law, after giving adequate opportunity of hearing to the

assessee. The assessee is also directed to co-operate with the AO in

assessment proceedings by filing requisite evidences, details etc. if

any, in support of its claim as required by the AO in this regard.

Therefore, the grounds raised by the revenue are allowed for statistical

purpose.

3 ITA No. 148/Ran/16 M/s. Jai Mata Di Associates

5.

In the result, the appeal of the revenue is allowed for statistical

purpose.

Order pronounced in the open court on 28 /2/2018

Sd/- Sd/- J. SUDHAKAR REDDY S.S.VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER

Ranch i , Dated 28 / 02/2018

*PP, Sr. P.S. Copy of the Order forwarded to : 1. The Appellant – The I.T.O Ward 1(2), Aaykar Bhawan, Ravindra Path, Hazaribagh. 2. The Respondent- M/s. Jai Mata Di Associates, New Road, Phusro Bazar, Bokara-829144. 3. The CIT(A) concerned 4. CIT , concerned 5. DR, ITAT, Ranchi Guard file. 6. BY ORDER, //True Copy// SR.PS, ITAT, RANCHI

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