ITO CORPORATE WARD 3(4), CHENNAI vs. VISWANATHAN CHANDRASEKARAN, CHENNAI

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ITA 891/CHNY/2019Status: DisposedITAT Chennai08 July 2019AY 2013-143 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the bills payable related to earlier assessment years and were carry forward creditors, not relevant for the current assessment year. The findings of the CIT(A) were not disproved by the Revenue.

What were the facts?

The Revenue appealed against the deletion of an addition of Rs. 2,14,15,675/- by the CIT(A). This amount represented bills payable to labourers for civil works done in earlier years, which the assessee claimed had been paid subsequently.

What were the issues?

Whether the disallowance of bills payable relating to earlier years, which were claimed to have been paid subsequently, was justified.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI GEORGE MATHAN & SHRI INTURI RAMA RAO

Hearing: 08.07.2019

Department by : Mr. Marudha Pandian, JCIT Assessee by : Mrs.S.Bala, FCA : 08.07.2019 सुनवाई क. तार�ख/Date of Hearing : 08.07.2019 घोषणा क. तार�ख /Date of Pronouncement आदेश / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER:

This is an appeal filed by the Revenue against the Order of the Commissioner of Income Tax (Appeals)-7, Chennai, in dated 30.01.2019 for the AY 2013-14.

2.

Mr. Marudha Pandian, JCIT, represented on behalf of the Revenue and Mrs. S.Bala, FCA, represented on behalf of the assessee.

3.

It was submitted by the Ld.DR that in the course of the assessment, the AO had disallowed an amount of Rs.2,14,15,675/- shown as bills payable in the consolidated balance sheet of the assessee. It was a submission that the assessee had claimed that the bills payable represented the balance amount payable to the labourers for civil works done by the assessee during the earlier years. It was a submission that the assessee had claimed that the said amount had been paid subsequently. It was a submission that in the assessee’s explanation, that these are the payments due to the labourers, were not accepted and the same was disallowed. It was a submission that the Ld.CIT(A) had deleted the addition on the ground that the AO had not rebutted the assessee’s submissions that the amount had been paid between 31.03.2014 and 31.03.2018 and that these amounts related to the earlier years. It was a submission that the order of the Ld.CIT(A) was liable to be reversed.

4.

In reply, the Ld.AR submitted that out of the amount of Rs.2,14,15,675/-, an amount of Rs.1,99,15,175/- related to the earlier assessment years. It was a further submission that an amount of Rs.15,45,500/- related to the AY 2012-13. It was a submission that these amounts were due to the labourers in respect of the outstanding wages from the civil contracts. It was a submission that the outstanding wages were settled in phased manner during the AY 2014-15 and the evidences have also been produced before the AO. It was a submission that the order of the Ld.CIT(A) was liable to be sustained.

5.

We have considered the rival submissions.

6.

A perusal of the facts in the present case clearly shows that the bills payable as shown in the consolidated balance sheet does not relate to the period under assessment but relates to the period for the earlier assessment years. These are nothing but carry forward creditors. This being so, clearly, the same cannot be considered for the addition during the assessment years. Further, in any case, the Ld.CIT(A) has considered the facts in detail in Page Nos.5-7 of her order. The findings as arrived at by the Ld.CIT(A) have not been disproved by the Revenue. This being so, we do not find any reason to interfere with the order of the Ld.CIT(A).

7.

In the result, the appeal filed by the Revenue is dismissed.

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