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

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.

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.

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