DCIT 2(1)(1), MUMBAI vs. CHITRA REALTY LTD, MUMBAI

PDF · subscribers
ITA 1066/MUM/2016Status: DisposedITAT Mumbai31 August 2018AY 2010-114 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) admitted additional evidence in contravention of Rule 46A without seeking a remand report from the AO. The Tribunal also noted that the CIT(A) did not provide a positive finding on the genuineness of the expenditure shown in the bank statements.

What were the facts?

The Assessing Officer (AO) disallowed construction costs of Rs. 13,75,16,759/- for the assessment year 2010-11, deeming them bogus due to the assessee's failure to provide supporting details and bank statements, citing a fire incident. The CIT(A) deleted this disallowance by admitting additional evidence (bank statements).

What were the issues?

Whether the CIT(A) erred in admitting additional evidence without following due procedure and whether the expenditure was genuinely incurred and supported by evidence.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C”, BENCH MUMBAI

Before: SHRI R.C.SHARMA, AM & SHRI RAM LAL NEGI, JM

For Appellant: Shri Viral Doshi
For Respondent: Shri Abdul Hakeem M, Shri Viral Doshi
Hearing: 31/08/2018Pronounced: 31/08/2018

आदेश / O R D E R PER R.C.SHARMA (A.M):

This is an appeal filed by the Revenue against the order of CIT(A)- 4, Mumbai dated 16/12/2015 for A.Y.2010-11 in the matter of order passed u/s.143(3) of the IT Act. 2. Following grounds have been taken by the Revenue:-

1. The order of the CIT(A) is opposed to law and facts of the ease.

2. On the facts and in the circumstances of the case and in the law, the CIT(A) has erred in directing The disallowance of Rs. 13,75,16,759/- by admitting additional evidences, in contravention of provisions of Rule 46A & without calling for remand report.

M/s. Chitra Realty Ltd., 3. We have heard rival contentions and carefully gone through the orders of the authorities below and found from record that AO has disallowed expenditure of Rs.13,75,16,759/- by observing as under:- 3. During the year under consideration, the assessee company was engaged in the business of property developers. 4.1 It is seen from the Profit & Loss Account, the assessee has debited an amount of Rs.34,44,13,707/- towards construction cost incurred during the year. During the course of assessment proceedings, the Authorized Representative of the Assessee was asked to submit the details of the expenses and also submit the bank statement in respect of these payments. \ The Authorized Representative of the Assessee vide letter dated 07.12.2002 submitted the details in respect of expenses incurred amounting to Rs.20.68,96,948/- and expressed their inability to produce remaining details stating that due to a major fire at the companies premises substantial original challans and receipts have been destroyed. During the course of hearing on 25.02.2013, the Authorized Representative of the Assessee was specifically asked to produce bank statements showing expenses. However, in spite of sufficient time and opportunity given, the assessee has failed to remaining details of expenses amounting to Rs.13,75,16,759/-. The contention of the assessee that they were unable to produce remaining details due to fire is not acceptable because during the course of hearing on 25.02.2013, the Authorized Representative of the Assessee was asked to submit the copies of the bank accounts. Since all the expenses are incurred by the assessee through bank, the assessee can very well show their expenses in bank accounts. The assessee even failed to submit the bank statement. 4.2 In view of the above, the expenses made towards cost of construction as bogus and unexplained expenditure and the same is hereby held to be not liable for any sort of deduction. As these expenses are included by the, Stock, the closing stock for F.Y. 2009-10 is re- worked out as under: Opening Inventory 29,19,28,018 Add: Cost of construction claimed by 53,51,24,450 the assessee Less: Expenses disallowed as discussed 13,75,16,759 39,76,07,691 above Revised closing inventory 68,95,35,709 4.3 Having arrived at the revised closing inventory in respect of the assessee's project at Rs. 68,95,35,709/-, the same shall be carried forward to subsequent year and the income in the year of completion of the said project shall be calculated based on this revised closing inventory.

Recent GST High Court judgments

Search GST case law →