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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN
Date of Hearing – 05.12.2016 Date of Order –
O R D E R PER SAKTIJIT DEY, J.M.
Captioned appeal at the instance of the assessee is directed against the order dated 28th November 2013, passed by the learned Commissioner (Appeals)–23, Mumbai, for assessment year 2009–10.
Grounds no.1 and 2, relate to addition of an amount of ` 39,526, on account of contingent expenses.
Brief facts are, the assessee an individual is engage in the business of trading in laminate flooring through its proprietorship
2 Shri Rehan A.R. Sumar concern Aar Ess Enterprises. During the assessment proceedings, the Assessing Officer noticing that the assessee has debited an amount of ` 96,000, under the head “Event Expenses” called upon the assessee to explain and justify the claim. In response, it was submitted by the assessee that for conducting an event, he had taken a sports ground and the expenditure incurred was towards rental charges. In support of such claim, assessee also furnished certain documentary evidences. The Assessing Officer after verifying the documentary evidences, observed, out of the expenses claimed an amount of ` 48,000 was shown as deposits which is refundable from one month from the completion of the event. He, therefore, held that the amount of ` 48,000 is not an expenditure but a deposit. He further held that the payment made being more than ` 28,000, at a time, assessee was required to deduct tax at source. On the aforesaid basis, he disallowed deduction claimed of ` 48,000. Aggrieved, the assessee filed appeal before the first appellate authority.
The learned Commissioner (Appeals) also upheld the disallowance.
When the appeal was called for hearing, no one was present for the assessee despite issuance of notice through RPAD. We, therefore, proceed to dispose off the appeal after hearing the learned
3 Shri Rehan A.R. Sumar Departmental Representative. As could be seen from the facts on record, the amount of ` 48,000 was disallowed on the ground that it was a refundable deposit. However, as could be seen, before the first appellate authority, the assessee had submitted that out of refundable deposits of ` 48,000, the payee has recovered expenses of ` 8,474 and the balance amount was refunded in financial year 2009–10 and assessee has offered it as income in assessment year 2010–11. Out of the disallowance made of ` 48,000 by the Assessing Officer, the learned Commissioner (Appeals) allowed ` 8,474 while disallowing the balance amount of ` 39,529. In our view if the assessee had offered the said amount to tax in the assessment year 2010–11, the same should not have been taxed in the impugned assessment year. We, therefore, direct the Assessing Officer to verify this aspect and decide this issue after providing opportunity of being heard to the assessee. Grounds no.1 and 2 are allowed for statistical purposes.
In ground no.3 and 4, the assessee has challenged the addition of ` 2,29,271.
Brief facts are, on examining the Balance Sheet and Capital Account for the year under consideration, the Assessing Officer found that the opening capital balance as on 1st April 2008, was shown at ` 19,67,812=72 whereas, closing balance of capital as on 31st March
4 Shri Rehan A.R. Sumar 2008 was shown at ` 25,88,541=27. He also noticed that during the relevant previous year, there is introduction of capital to the tune of ` 10.05 lakh. He, therefore, called upon the assessee to reconcile the capital account. In response, it was submitted by the assessee that the introduction of capital is only ` 1,55,000 and the balance amount of ` 8,50,000 was introduced in financial year 2005–06. The Assessing Officer after examining the reply of the assessee, however, was not convinced with the same. He observed, as per audited account for financial year 2007–08, the actual opening balance as on 1st April 2008, would be ` 2588541=27 instead of ` 19,67,812=7 shown by the assessee. After adjusting the introduction of capital made during the year, he worked out the difference between the actual opening balance and balance shown by the assessee at ` 2,29,271 and added to the income of the assessee. The assessee challenged the addition before the first appellate authority.
The learned Commissioner (Appeals) also confirmed the addition.
We have considered the submissions of the learned Departmental Representative and perused the material available on record. As could be seen before the first appellate authority, the assessee has furnished a statement reconciling the alleged difference in capital account. As it appears, the reconciliation statement furnished by the assessee has 5 Shri Rehan A.R. Sumar not been properly considered by the learned Commissioner (Appeals). We, therefore, consider it appropriate to restore the issue to the file of the Assessing Officer for fresh adjudication after providing due opportunity of being heard to the assessee.
In the result, appeal stands allowed for statistical purposes. Order pronounced in the open Court on 16.12.2016