KANDARP TRADELINKS & SERVICES PVT. LTD.,JAIPUR vs. ACIT, JAIPUR

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR Jh HkkxpUn] ys[kk lnL; ds le{k BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER vk;dj vihy la-@ITA No. 1119/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2013-14 cuke M/s. Kandarp Tradelinks & Services (P) Ltd. The ACIT Vs. B-525-B, Road No. 6, VKI Area, Jaipur Circle- 6, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACKJ 6158 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by: None jktLo dh vksj ls@ Revenue by :Smt. Poonam Rai, DCIT- DR lquokbZ dh rkjh[k@ Date of Hearing : 22/02/2017 ?kks"k.kk dh rkjh[k@ Date of Pronouncement : 22 /02/2017 vkns'k@ ORDER PER BHAGCHAND, AM The assessee has filed an appeal against the order of the ld. CIT(A)-2, Jaipur dated 24-09-2016 for the assessment year 2013-14 raising therein ground of appeal as under:- ‘’That on the facts and in the circumstances of the case, the ld. CIT(A) is wrong, unjust and has erred in sustaining the addition of Rs. 4,14,391/- made by the AO by solely relying on Form 26AS.’’ 2.1 None appeared on behalf of the assessee in spite of sending the notice by registered post to attend the hearing of appeal fixed on 22-02-2017. Consequently the Bench is left with no alternative but to

2 ITA No. 1119/JP/2016 M/s. Kandarp Tradelink & Services (P) Ltd. vs. ACIT,Circle- 6, Jaipur decide the appeal on merits, ex parte qua the assessee, after hearing ld.

DR and after perusal of the materials available on record.

3.1 Apropos Ground No. 1 the assessee, the facts as emerges from the

order of the ld. CIT(A) is as under:-

‘’3.3 I have perused the facts of the case, the assessment order and the submissions of the appellant. As noted from the assessment order on an reconciliation of receipts shown in 26AS and as shown in books of accounts was noticed that in some cases while the assessee claimed of TDS but related income has not been shown. These cases have been discussed on Page 4 of the Assessing Officer’s order and after considering the reconciliation as forwarded by the assessee, in some cases the TDS claimed excess has been disallowed while in the case of Reliance Retail Ltd., SFPL Cropscience Pvt. Ltd. and Sony India (P). Ltd. it is seen that credit for TDS of Rs. 8,288/- have been taken while the corresponding receipts of Rs. 4,14,30/- had not been shown. This account has been added by the Assessing Officer to the total receipts. In the present proceedings, it had been submitted that the appellant company never received the above amounts from the respective companies. It was also submitted that no credit of the above amounts appearing in the accounts of respective companies and hence the same should be taken into account and the TDS claimed thereon may be disallowed. It is seen that the assessee has taken the credit of the TDS amount on the these receipts, also in the assessment proceedings, it was given enough opportunity to reconcile the same and even in the present proceedings, no further details have been produced. In view of the facts that credit for this amount had been taken by the assessee and also no reconciliation has been forwarded either at assessment stage or in the appeal proceedings, the action of the Assessing Officer is upheld. This ground of appeal is dismissed. ‘’

3 ITA No. 1119/JP/2016 M/s. Kandarp Tradelink & Services (P) Ltd. vs. ACIT,Circle- 6, Jaipur 3.2 I have heard the ld. DR and perused the orders of the lower authorities. It is noted from the record that the assessee has not filed any submission controverting the orders of lower authorities. In such a situation, I have no alternative except to concur with the views of the ld. CIT(A) on the issue in question. Thus Ground Nos. 1 of the assessee is dismissed. 4.0 In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Court on 22 -02-2017. Sd/- ¼HkkxpUn½ (Bhagchand) ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 22 /02/ 2017 *Mishra आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- M/s. Kandarp Tradelinks& Services (P) 1. Ltd., Jaipur 2. izR;FkhZ@ The Respondent- The ACIT, Circle- 6, Jaipur vk;dj vk;qDr¼vihy½@ CIT(A). 3. vk;dj vk;qDr@ CIT, 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 1119/JP/2016) 6. vkns'kkuqlkj@ By order, सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत