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Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE
per law.
In the grounds of appeal, the assessee has challenged the
confirmation of following additions:
i) Understatement of income : Rs.27,03,097/- ii) Int. on construction work advance for more than 20 years : Rs.1,06,05,000/- iii) Hire charges of machinery rolling since long: Rs.5,53,000/- iv) Long outstanding guarantee fees to Govt. Rs.7,71,000/- v) Non deposit of BOT, CPF : Rs.15,21,579/- vi) Excess provision of leave salary : Rs.32,86,000/-
At the time of hearing, ld A.R. of the assessee with regard to
addition of understatement of income of Rs.27,03,097/- submitted that
necessary adjustments have been made in the subsequent years. As the
assessee follows mercantile system of accounting, all incomes accruing or
arising to the assessee during a particular accounting year have to be
taxed in that year, notwithstanding whether same has been shown in a
subsequent year. He also submitted that the assessee has offered
Rs.27,03,097/- as income and due tax has already been paid in
subsequent year. He also referred to the calculation made by the auditor
placed at page 151 & 152 of paper book. Therefore, the addition made
by the authorities are not justified.
As regards to addition of interest on construction work advance for
more than 20 years of Rs.1,06,05,000/-, ld A.R. submitted that the above
liability has been arrived after some adjustment made during the financial
year 2005-06 against the work advance. He submitted that the above
liability is lying since financial year 2005-06 and this being an outstanding
liability requires a lot of formality and involves a lot of compliance and
approval from the State Government for adjustment and, therefore, it
remained as outstanding and there being no transaction during the
impugned year, it has no tax impact on the assessee.
As regards to the hire charges of machinery rolling since long of
Rs.5,53,000/-, ld A.R. submitted that the liability is awaiting adjustment
since long and requires a lot of formality and approval of the Government
of Odisha and there being no tax impact on the assessee.
As regards to addition on guarantee fees to Govt. of Odisha, ld A.R.
submitted that there is typographical mistake in mentioning the addition
of Rs.7,71,000/- whereas it should be Rs.7,21,000/-. He submitted that
the above amount recorded in the books of account payable to
Government of Odisha as guarantee fees since 1982, which awaits
adjustment against the amount payable/receivable from Govt. of Odisha.
Therefore, the above liability remained as outstanding.
With regards to addition of Rs.15,21,579/- on account of non
deposit of BOT, CPF, ld A.R. submitted that there is a CPF trust in the
Corporation to manage the Provident Fund of the regular employees. The
contribution of the employees and the matching contribution of the
management are managed by the Trust. He submitted that for the
financial year 2009-2010 & 2010-2011, there was a short fall of BOT, CPF
of Rs.18,89,067.75. Therefore, the Trust made a claim to the
management for payment of this amount to balance their expenditure.
The above fund has been considered under the head “contribution to
statutory short fall payable to BOT, CPF” in the books of account and the
amount has been paid/adjusted during the financial year 2012-13 and
2013-14. He also referred to paper book Annexure-5 placed at pages
155 to 159 wherein, the relevant journal vouchers and payment vouchers
are placed.
As regards to excess provision of leave salary & pension
contribution of Rs.32,85,784/-, ld A.R. of the assessee submitted that the
addition of Rs.32,85,784/- is a differential cumulative figure of calculation
made by the assessee and A.G. at Rs.551.96 and Rs.519.10 lakhs
respectively. Ld A.R. referred to comparative calculation sheet for three
financial years i.e. 2009-10, 2010-11 and 2011-12 placed at paper book
page 160. He submitted that the excess provision for leave salary and
pension contribution is the difference between the closing balance of
leave salary and pension contribution as on 31.3.2012 as calculated by
the assessee and Accountant General.
Ld D.R. supported the order of the CIT(A).
We heard the rival submissions and perused the orders of lower
authorities. We observe that many of the additions are outstanding since
long from the Government of Odisa for adjustments. As the assessee is a
Government of Orisha Undertaking, it is hopeful that the same will be
adjusted. In this case, the assessee follows mercantile system of
accounting. According to past business practice, the expenditure spilled
over the next year and was debited in the subsequent years and to be
examined by the Assessing officer. Therefore, in order to impart
substantial justice, we are of the considered view that one more
opportunity is to be provided to the assessee to represent its case with
relevant documents filed in the appellate proceedings before the
Assessing Officer. We, accordingly, set aside the order of the CIT(A) and
remit the entire issues to the file of the Assessing Officer for fresh
adjudication. The Assessing Officer is directed to provide reasonable and
proper opportunity of hearing to the assessee
In the result, appeals filed by the revenue and assessee are allowed
for statistical purposes.
Order pronounced on 26/12/2017.
Sd/- Sd/- (N.S Saini) (Pavan Kumar Gadale) ACCOUNTANT MEMBER JUDICIALMEMBER Cuttack; Dated 26/12/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Assessee: Odisha Construction Corpn. Ltd., Unit-8, Gopabandhu Nagar, Nayapali, Bhubaneswar. 2. The Respondent. ACIT, Corporate Circle- 1(2), Bhubaneswar 3. The CIT(A)-1, Bhubaneswar 4. Pr.CIT-1, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// BY ORDER,
SR.PRIVATE SECRETARY ITAT, Cuttack