GATEWAY ENTERPRISES,CHENNAI vs. ITO, CHENNAI

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ITA 1516/CHNY/2016Status: DisposedITAT Chennai07 October 2016AY 2007-086 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the lower authorities did not properly examine the genuineness of the confirmation letter and the payment details. Without proper enquiry, the addition made by the Assessing Officer was not justified.

What were the facts?

The assessee showed trade creditors of ₹38,83,905. The Assessing Officer added ₹1,37,750 to the total income as the assessee could not produce a confirmation letter from M/s Mehta Elastic Industries.

What were the issues?

Whether the addition made by the Assessing Officer for non-production of confirmation letter from a trade creditor is justified without proper enquiry?

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY

For Respondent: Shri Supriyo Pal, JCIT
Hearing: 10.08.2016Pronounced: 07.10.2016

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) – 5, Chennai, dated 24.02.2016 and pertains to assessment year 2007-08.

2.

Shri M. Gopichand, the Ld. representative for the assessee, submitted that the assessee-firm is engaged in the business of trading in accessories for leather goods and garments. In the liability side of the balance sheet, an amount of `38,83,905/- was shown against trade creditors. According to the Ld. representative, Assessing Officer called for confirmation letters from sundry creditors. The assessee could not produce any confirmation letter from M/s Mehta Elastic Industries to the extent of `1,37,750/-. In the absence of any material, the Assessing Officer found that the transaction was not genuine. Accordingly, he added the sum of `1,37,750/- to the total income of the assessee. According to the Ld. representative, the assessee purchased goods from M/s Mehta Elastic Industries. In fact, the assessee was purchasing goods from the said Mehta Elastic Industries from assessment year 1998-99. The opening balance as on 01.04.2006 was `1,56,250/-. The assessee has paid a sum of `19,500/- by cheque and the closing balance was `1,37,750/-. According to the Ld. representative, the assessee has produced copy of bills and ledger. Inspite of that, the CIT(Appeals) has confirmed the order of the Assessing Officer. M/s Mehta Elastic Industries has filed conformation letter, therefore, according to the Ld. representative, the CIT(Appeals) is not correct in confirming the addition made by the Assessing Officer.

3.

On the contrary, Shri Supriyo Pal, the Ld. Departmental Representative, submitted that the so-called ledger copy shows that a sum of `19,500/- was paid by cheque. The ledger copy does not indicate cheque number and other bank details. According to the Ld. D.R., the assessee has also filed copies of the invoices which contain no details of M/s Mehta Elastic Industries in Surat, therefore, the payment has to be made only through banking channel. In the absence of any details, according to the Ld. D.R., the CIT(Appeals) has rightly confirmed the addition made by the Assessing Officer. Referring to the confirmation letter said to be filed by M/s Mehta Elastic Industries, the Ld. D.R. submitted that the confirmation letter was in fact prepared by the assessee, and at the bottom of the confirmation letter, a rubber stamp of Mehta Elastic Industries was affixed and somebody else has signed as proprietor.

Therefore, according to the Ld. D.R., the CIT(Appeals) doubted the genuineness of the confirmation letter and confirmed the addition.

4.

We have considered the rival submissions on either side and perused the relevant material available on record. The assessee has filed copies of ledger account, bills/invoices before the Assessing Officer and the CIT(Appeals). The assessee has also produced confirmation letter from M/s Mehta Elastic Industries. The confirmation letter was rejected by the CIT(Appeals) on the ground that rubber stamp of M/s Mehta Elastic Industries was affixed in the bottom of the letter and somebody else has signed as proprietor.

The Assessing Officer and the CIT(Appeals) have not examined the genuineness of the confirmation letter after calling details from M/s Mehta Elastic Industries. This Tribunal is of the considered opinion that when the CIT(Appeals) doubted the genuineness of confirmation letter filed by the assessee from M/s Mehta Elastic Industries, he ought to have directed the Assessing Officer to examine the responsible person from M/s Mehta Elastic Industries and find out whether M/s Mehta Elastic Industries has in fact confirmed the outstanding amount. Without such examination, the CIT(Appeals) simply rejected the confirmation letter filed by the assessee from M/s Mehta Elastic Industries. Likewise, the details of bank account and other entries, which were required for establishing the payment of `19,500/-, need to be examined either by calling from the assessee or from M/s Mehta Elastic Industries.

In the absence of any such details, this Tribunal is of the considered opinion that the CIT(Appeals) is not justified in confirming the addition made by the Assessing Officer

5.

In the normal circumstances, this Tribunal would have remitted back the matter to the file of the Assessing Officer for re- examination. In the case before us, the addition is only `1,37,750/-. Remanding back to the file of the Assessing Officer would not serve any purpose. By considering the smallness of addition made by the Assessing Officer as confirmed by the CIT(Appeals), this Tribunal is of the considered opinion that in the absence of enquiry by the authorities below, the addition made by the Assessing Officer is not justified. Accordingly, the orders of the authorities below are set aside and the addition of `1,37,750/- is deleted.

6.

In the result, the appeal filed by the assessee is allowed.

Order pronounced on 7th October, 2016 at Chennai.

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