SHRI. SHAILESH JEEVAN NAMJOSHI,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -1, KOLHAPUR

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ITA 573/PUN/2020Status: DisposedITAT Pune31 May 2022AY 2014-153 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue to the Assessing Officer for fresh adjudication on merits. The assessee was to be given three effective opportunities to present their case.

What were the facts?

The assessee challenged a disallowance made under Section 40A(3) of the Income Tax Act. The disallowance was based on ledger extracts without reconciliation with actual bills or vouchers.

What were the issues?

Whether the disallowance under Section 40A(3) was justified without proper reconciliation of ledger extracts with supporting bills/vouchers.

Which sections of the Income-tax Act were involved?

Section 40A(3),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI S.S.GODARA

For Respondent: Shri Arvind Desai

आदेश / ORDER PER S.S. GODARA, JM :

1.

This assessee’s appeal for AY 2014-15 arises against the CIT(A)-1, Kolhapur’s order dated 28-02-2020 passed in case No. ITBA/APL/S/250/2020-21/1027822317(1) involving proceedings under Section 143(3) of the Income Tax Act, 1961 in short the Act.

Case called twice. None appears at assessee’s behest. He is accordingly proceeded ex parte.

2.

It transpires during the course of hearing with the able assistance coming from the Revenue side that the assessee’s sole substantive grievance raised in the instant appeal challenges correctness of both the lower authorities action invoking the section 40A(3) disallowance of Rs.9,08,906/- made in the course of assessment dated 23-11-2016 as upheld in the CIT(A)’s order. The assessee’s case is that the same has been made merely on the basis of its ledger extracts without reconciling the same with actual bills/vouchers. That being the case, I deem it appropriate to restore the assessee’s instant substantive ground back to the Assessing Officer for his fresh adjudication on merits after affording three effective opportunities to this taxpayer. Ordered accordingly.

3.

This assessee’s appeal is allowed for statistical purpose in above terms.

Order pronounced in the Open Court on 31st May, 2022.

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