M/S TANTIA EDCL JV,KOLKATA vs. ITO, WARD 10(1), KOL, KOLKATA

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ITA 290/KOL/2017Status: DisposedITAT Kolkata08 October 2018AY 2011-125 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order and remitted the matters back to the Assessing Officer for fresh adjudication. The assessee was directed to provide reconciliation statements for the 26AS difference and relevant documents for the commission payment.

What were the facts?

The assessee's appeal for AY 2011-12 was against an order upholding additions related to a difference between 26AS and P&L statements, and disallowance of commission paid. The assessee did not appear for the hearing, and the appeal was decided ex parte.

What were the issues?

Whether the difference between 26AS and P&L statement was correctly treated as income, and if the commission paid was a legitimate business expenditure.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 234C,Section 234D

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D”, BENCH KOLKATA

Before: SHRI S. S. GODARA, JM & DR. A.L. SAINI, AM

For Respondent: Shri A. Bhattacharjee, Addl. CIT
Hearing: 12/07/2018Pronounced: 08/10/2018

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant- M/s. Tantia EDCL JV 1. ��यथ� / The Respondent.- ITO, Ward-10(1), Kolkata 2. आयकर आयु�त(अपील) / The CIT(A), 3. आयकर आयु�त / CIT 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, कोलकाता / 5. DR, ITAT, Kolkata गाड� फाईल / Guard file. 6.

//True Copy// By Order

Senior Private Secretary, Head of Office/D.D.O, I.T.A.T, Kolkata Benches, Kolkata.

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