No AI summary yet for this case.
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & KULDIP SINGH
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND KULDIP SINGH JUDICIAL MEMBER
ITA No. 74/CTK/2015 Assessment Year :2010-2011
DCIT, Circle 2(1), Sambalpur Vs. Ram Kumar Agarwal Engineer Pvt Ltd., AT: Rly Station Road, PO;Dist: Bolangir PAN/GIR No. AADCR 1564 q (Appellant) .. ( Respondent)
Assessee by : Shri Nakul Agarwal, AR Revenue by : Shri A.Tigga, DR
Date of Hearing : 25/04/ 2017 Date of Pronouncement : 28 /04/ 2017
O R D E R Per N.S.Saini, AM This is an appeal filed by the revenue against the order of CIT(A)-
1, Bhubaneswar, dated 14.11.2016 for the assessment year 2010-2011.
The sole issue involved in this appeal is that the ld CIT(A) erred in
restricting the disallowance to 1% as against the disallowance made by
the Assessing Officer.
We have heard the rival submissions and perused the orders of
lower authorities and materials available on record. The brief facts of
the case are that the Assessing Officer found that the assessee had made
purchase of substantial amount from unregistered dealers on account of
2 ITA No. 74/CT K/ 2015 Asse ssment Year :20 10- 201 1 dust, bolder, sand, stone, murrom, chips & metals. Before the Assessing
officer, the assessee furnished the ledger copy of expenses, item-wise
wherefrom, he observed that the assessee had made cash payment on
different dates each payment being below Rs.20,000/-. When the
Assessing Officer required the assessee to furnish party-wise list of
above expenses, the assessee expressed his inability to furnish party-
wise list. However, the assessee submitted that the above purchases
were made from unregistered dealers from the different site of works
and the suppliers are small traders having no PAN, TAN or TIN . The
unregistered suppliers do not issue bills & vouchers for their sale of
goods. Since the assessee could not furnish the partywise list and
vouchers to verify the genuineness of expenses under these heads, the
Assessing Officer disallowed 3 to 4% of the expenses of Rs.22,37,650/-
On appeal, the CIT(A) restricted the disallowance to 1% in place
of 3 to 4% estimated by the Assessing Officer on the ground that the
assessee was doing the business in the remote area and payment in
cash may not be avoided while procuring the materials from the small
suppliers.
Being aggrieved by the said order of the CIT(A), the assessee in
appeal before us.
Ld A.R. of the assessee argued and submitted that no adhoc
disallowance out of genuine business expenditure can be made by the
Assessing Officer. He submitted that the materials were purchased at
3 ITA No. 74/CT K/ 2015 Asse ssment Year :20 10- 201 1 the worksites from small traders. He submitted that the materials were
purchased due to business exigencies in the remote areas where there
was no banking facilities and hence, no disallowance can be made out of
the same. The genuineness of the expenses has not been doubted either
by the Assessing Officer or by the CIT(A) and the disallowance should
be deleted.
Ld D.R. on the other hand relied on the order of the CIT(A).
After considering the rival submissions and perusing the materials
available on record, we find that the Assessing Officer has estimated
the disallowance @ 3% to 4% of the total expenses debited in the profit
and loss account on the ground that the assessee could not produce bills
from the parties from whom purchases were made. The contention of
the assessee is that these purchases were made from small traders at
the worksites of the assessee out of business exigencies. It was
therefore, his submission that these were genuine business expenditure
and no disallowance can be made u/s.40A(3) of the Act. It has also
been argued and submitted by ld A.R. that the genuineness of the
expenditure is not doubted and it is not the case of the revenue that
the assessee has claimed bogus expenditure to reduce its income.
Therefore, is was prayed for deletion of adhoc disallowance of 1%
confirmed by the CIT(A).
We have heard the rival submissions and perused the orders of
lower authorities and materials available on record. We find that the
4 ITA No. 74/CT K/ 2015 Asse ssment Year :20 10- 201 1 Assessing Officer has estimated the disallowance without conducting any
enquiry as noted by the CIT(A). No material has been brought on record
by the revenue to disbelieve the contention of the assessee that the
materials were purchased from the small traders in remote areas and
were compelled to make payment in cash on account of business
expediency. This plausible explanation of the assessee has not been
found to be false by the Assessing Officer or by the CIT(A). Further, the
genuineness of the expenditure is not in doubt or debate. Hence, we find
no good reason to interfere with the order of the CIT(A). Hence, we
dismiss the grounds of appeal of the revenue
In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on 28 /04/2017. Sd/- sd/- (Kuldip Singh) (N.S Saini) JUDICIAL MEMBER ACCOUNTANT MEMBER Cuttack; Dated 28 /04/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : DCIT, Circle 2(1), Sambalpur 2. The Respondent. Ram Kumar Agarwal Engineer Pvt Ltd., AT: Rly Station Road, PO;Dist: Bolangir 3. The CIT(A) -1, Bhubaneswar. 4. Pr.CIT, Sambalpur 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// BY ORDER,
SR.PRIVATE SECRETARY ITAT, Cuttack