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Income Tax Appellate Tribunal, “A-SMC” BENCH : KOLKATA
Before: Hon’ble Shri S.S. Godara, JM ]
IN THE INCOME TAX APPELLATE TRIBUNAL “A-SMC” BENCH : KOLKATA [Before Hon’ble Shri S.S. Godara, JM ] I.T. A No. 655/Kol/2019 A.Y 2013-14 M/s. P S Apartments Pvt.Ltd. Vs. I.T.O. Ward 12(3), Kolkata PAN: AADCP4134A (Appellant) (Respondent)
For the Appellant/Assessee : Shri Anil Kochar, Advocate, AR For the Respondent /Department : Shri Zafarul Haq Tanveer, Addl. CIT, ld.Sr.DR
Date of Hearing : 27-08-2019
Date of Pronouncement : 18 -09-2019
ORDER Shri S.S. Godara, JM:
This assessee’s appeal for assessment year 2013-14 arises against the CIT(A), 4, Kolkata’s order dated 22-02-2019 passed in case no. 688/CIT(A)-4/2016-17 involving proceedings u/s 143(3) of the Income-tax Act, 1961 ( in short ‘Act’).
Heard both the parties. Case file perused.
The assessee’s sole substantive ground/grievance challenges correctness of both the lower authorities’ action disallowing the alleged business promotion expenses of Rs. 1,94,233/- for non deduction of TDS u/s. 194C giving rise to application of section 40(a)(ia) of the Act.
It transpires during the course of hearing both the lower authorities held that assessee had made payments of Rs. 1,33,230/- and Rs.61,003/- to M/s. Suman Creations
2 ITA No. 655/Kol/2019 M/s. P S Apartments Pvt. Ltd.
& M/s. Arham Dealcom Pvt. Ltd. Case file suggests these two instances are of outright sale/purchases relating to “ Sarees” and “Classic Bonsai” as per corresponding invoice dt. 26-07-2012 & 16-11-2012; respectively. I conclude in this fact that both the lower authorities have wrongly treated outright sales invoices as contractual payments. I therefore direct the Assessing Officer to delete impugned disallowance.
This Assessee’s appeal is allowed. Order pronounced in the Court on 18 -09-2019
Sd/- [ S.S.Godara ] Judicial Member
Dated : 18 -09-2019 **PRADIP, Sr. PS Copy of the order forwarded to: 1. Appellant/Assessee: M/s. P S Apartments Pvt. Ltd 122C, Chakberia Road, North Chakraberia, Kolkata. 2. Respondent/Department: The I.T.O. Ward 12(3), Kolkata. P-7 Chowringhee Sq., Kolkata 3..C.I.T(A).- 4. C.I.T.- Kolkata. 5. CIT(DR), Kolkata Benches, Kolkata.