EVALUATIONZ INDIA PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

ITA 1103/BANG/2024Status: DisposedITAT Bangalore20 December 2024AY 2018-19Bench: SHRI PRASHANT MAHARISHI (Vice President), SHRI SOUNDARARAJAN K. (Judicial Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the assessee had provided overwhelming documentary evidence to substantiate the genuineness of the expenditure, including PAN, GST registration, agreement, invoices, and bank statements. The non-response of the vendor to the Section 133(6) notice, despite the assessee furnishing sufficient proof, could not lead to a disallowance.

What were the facts?

The assessee company incurred an expenditure of Rs. 36,55,489 on professional charges paid to a vendor. The Assessing Officer (AO) made an addition under Section 69C for unexplained expenditure as the vendor did not respond to a notice under Section 133(6). The CIT(A) confirmed the addition.

What were the issues?

Whether an expenditure can be disallowed solely because the third-party vendor failed to respond to a notice under Section 133(6), when the assessee has provided substantial documentary evidence of the transaction.

Which sections of the Income-tax Act were involved?

Section 69C,Section 133(6),Section 143(3),Section 234B,Section 234C

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Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI PRASHANT MAHARISHI & SHRI SOUNDARARAJAN K.

For Appellant: Shri Padamchand Khincha, CA
For Respondent: Shri V. Parithivel, Jt.CIT(DR), ITAT, Bengaluru
Hearing: 09.12.2024Pronounced: 20.12.2024

Per Prashant Maharishi, Vice President

1.

ITA No. 1103/Bang/2024 is filed by Evaluationz India Pvt. Ltd. (assessee/appellant) for assessment year 2018–19 against the appellate order passed by the National Faceless Appeal Centre, Delhi (the learned CIT–A) on 6/5/2024 wherein the appeal filed by the assessee against the assessment order dated 6/4/2021 passed under section 143(3) of the Income-tax Act, 1961 (the Act) by the National e-Assessment Centre, Delhi (the ld.AO) was dismissed.

2.

Assessee aggrieved with the same has preferred this appeal raising following grounds as under:

The order continues below.

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