TIMMS CORPORATE ALLIANCE & STRATEGIC MARKETING SERVICES,MUMBAI vs. DCIT 15(3), MUMBAI

The above titled appeals have been preferred by the assessee for the same assessment year against the common order dated 29.02.2012 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)].

The short facts of the case are that the assessee firm is engaged in the business of selling novelty gift articles through catalogue and through exhibition and trade fairs. The return of income originally was filed by the assessee on 31.10.06 declaring total income of Rs.17,65,790/- along with tax audit report under section 44AB of the Act. The return was selected for 2 ITA No.2711/M/2012 M/s. Timms Corporate Alliance & Marketing Services scrutiny. The assessee submitted various details from time to time to Assessing Officer (hereinafter referred to as the AO). The AO has completed the assessment under section 143(3) determining the total income of Rs.65,75,545/- by rejecting the books of account under section 145 and making the addition/disallowance out of maximum all administrative expenses stating that no voucher was produced. The assessee went in appeal before Ld. CIT(A) and the Ld. CIT(A) has also dismissed.

Before us, the Ld. A.R. submitted that assessee submitted various details which were called by the AO. The assessee has also submitted the affidavit of one Mr. M.V. Kamble who was working as an accountant with the assessee and he was attending to these tax matters. The Ld. A.R. submitted that assessee has submitted all the details which are filed before us by way of paper book by Exhibit No.1 to 169. He further submitted that the AO has rejected the books of accounts on the ground that assessee has not submitted the details. The assessee did submit the details but assessment order was passed. Therefore, he requested to send this matter back to the file of the AO.

We have heard the rival contentions of both the parties. Looking to the facts and circumstances, we find that the assessee has submitted all the details before the AO and the same are filed before us by way of paper book by Exhibit No.1 to 169. However, the AO passed the order without looking into the details submitted by the assessee. At this stage, we are of the view that since the assessee has requested to restore the matter to the AO and Ld. D.R. has not objected to it, we deem it fit to send the matter back to the file of the AO for denovo adjudication.