No AI summary yet for this case.
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No.78/CTK/2015 Assessment Year :2007-08
Vs. ACIT, Circle 1(1), Cuttack Pradeep Mining and Construction Pvt Ltd., Chorda, Jajpur Road, Dist: Jajpur PAN/GIR No. AABCP 8945 P (Appellant) .. ( Respondent)
Assessee by : Shri G.Nayak, AR Revenue by : Shri D.K.Pradhan, DR
Date of Hearing : 27/06/ 2017 Date of Pronouncement : 27 /06/ 2017
O R D E R Per N.S.Saini, AM This is an appeal filed by the assessee against the order of CIT(A)-
Cuttack, dated 28.11.2014, for the assessment year 2007-08.
The sole grievance in this appeal is that the ld CIT(A) is not justified
in sustaining the addition of Rs.58,52,000/- made by the Assessing Officer
as difference in payment received and bills raised.
Brief facts of the case are that the Assessing Officer found that the
assessee company in its profit and loss account has credited gross receipts
2 ITA No. 78/ CTK/2015 Asse ssment Year :20 07- 08
of Rs.15,77,37,046/-. On verification of TDS certificate, the Assessing
Officer found that the gross receipts of the assessee worked out to
Rs.16,35,89,304/-. Thus, there was discrepancy of Rs.58,52,000/-. The
Assessing Officer required the assessee to explain the difference. The
assessee submitted that as per TDS certificate of IDCOL Ferro Chrome &
Alloys Limited (IFCAL), Jajpur, the opening balance of the assessee on
1.4.2006 was Rs.3,65,04,644/- and the assessee raised bills of
Rs.10,96,93,632/- during the financial year 2006-07. During the year,
IFCAL paid Rs.11,55,45,910/- from which TDS was deducted. The
assessee’s closing balance was Rs.3,06,52,386/-. The Assessing Officer
then received information from IFCAL, Jajpur Road, Odisha regarding
opening balance, closing balance and total transaction which did not tally
with the submission of the assessee company. Since the assessee could
not explain the difference of Rs.56,52,000/-, the Assessing Officer held that
the assessee has not disclosed income of Rs.58,52,000/- and added the
same to the income of the assessee.
Before the CIT(A), the assessee submitted that the details filed during
filing of the appeal may be taken into account for consideration. In the
written submission, ld A.R. of the assessee provided during filing of the
appeal the names and parties and gross bills raised during assessment year
2007-08, were arranged in a tabular form. In the balance part of the
3 ITA No. 78/ CTK/2015 Asse ssment Year :20 07- 08
written submission, ld A.R. of the assessee repeated what he submitted
before the Assessing Officer.
5 The CIT(A) after considering the submission of the assessee observed
that there was no anomaly in the action of the Assessing Officer because
the assessee was paid Rs.11,55,45,910/- from IFCAL and due TDS was
deducted from the same. The assessee company had claimed TDS amount
in its return of income whereas the gross receipts in total were not shown.
Hence, he confirmed the addition of Rs.58,52,000/- being the difference of
gross receipts as undisclosed part of income by the assessee.
Before us, ld A.R. of the assessee submitted that at page 15 of PB,
the assessee has filed fresh confirmation of bills raised during the financial
year 2006-07 received from IFCAL dated 21.2.2015, which was obtained
by the assessee after the assessment was made and the appeal was
decided by the CIT(A). He submitted that the said additional evidence may
be accepted and the matter may be restored back to the file of the
Assessing Officer for fresh adjudication of the issue in the light of the said
additional evidence.
Ld D.R. had no objection to the above request of ld A.R. of the
assessee.
After considering the rival submissions and perusing the materials
available on record, we are of the considered opinion that in the interest of
substantial justice, the additional evidence filed by the assessee in the form
4 ITA No. 78/ CTK/2015 Asse ssment Year :20 07- 08
of confirmation of bills raised during the financial year 2006-07 by IFCAL
should be accepted and the matter may be restored back to the file of the
Assessing Officer for adjudicating the issue afresh after verifying the
additional evidence with relevant records of the assessee and books of
account of the assessee. We order accordingly. It is needless to mention
that the Assessing Officer shall allow reasonable and adequate opportunity
of hearing to the assessee. Thus, the ground of appeal of the assessee is
allowed.
In the result, the appeal filed by the assessee is allowed for statistical
purposes.
Order pronounced in the open court on 27 /06/2017 in the presence of parties. Sd/- sd/- (Pavan Kumar Gadale) (N.S Saini) JUDICIALMEMBER ACCOUNTANT MEMBER Cuttack; Dated 27 /06/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : Pradeep Mining and Construction Pvt Ltd., Chorda, Jajpur Road, Dist: Jajpur 2. The Respondent. ACIT, Circle 1(1), Cuttack 3. The CIT(A) Cuttack 4. Pr.CIT, Cuttack 5. DR, ITAT, Cuttack 6. Guard file. BY ORDER, //True Copy//
SR.PRIVATE SECRETARY ITAT, Cuttack