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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.508/CTK/2014 Assessment Year : 2007-08 ACIT, Circle -2(1), Vs. M/s. Hindustan Sales Pvt Sambalpur Ltd., Gandhi Chowk, Koraput By pass Road, PO: Jeypore, Koraput PAN/GIR No. AABCH 3757 R (Appellant) .. ( Respondent)
Assessee by : None Revenue by : Shri D.K.Pradhan, DR
Date of Hearing : 19/04/ 2017 Date of Pronouncement : 25 /04/ 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)-
1, Bhubaneswar, dated 29.10.2014, for the assessment year 2007-08.
The sole ground raised by the revenue reads as under:
“Whether in the facts and circumstances of the case, the CIT(A) is correct in deleting the suppressed amount of commission received by the assessee which is evident from TDS certificate and it is not clear on what basis the CIT(A) arrived at a conclusion that it was deducted from purchases as discount.” 3. The notice of hearing dated 23.3.2017 was sent to the assessee
by Speed Post fixing the hearing on 19.4.2017, which is served on the
2 ITA No. 508/CT K/ 2014 Asse ssment Year : 20 07- 08 assessee as evidenced by the acknowledgement of Indian Post on
31.3.2017. When the case was called for hearing, nobody was present
from the side of the respondent-assessee. We, therefore, proceed to
the decide the appeals of the revenue qua the respondent assessee after
hearing ld Departmental Representative and materials available on
record.
The brief facts of the case are that the Assessing Officer observed
that the assessee in his return of income has shown commission receipt
of Rs.8,14,427/-. From the reconciliation statement furnished by the
assessee during the assessment proceedings, the Assessing Officer
observed that the assessee had received commission of Rs.85,11,789/-
out of which Rs.8,14,427/- has been reflected in the in purchase and
expense account as deduction from purchase under schedule-M of the
profit and loss account.
The assessee explained that the said commission had been
deducted from the bills issued by BSNL against the purchase of recharge
voucher at different rates which was not assessee’s income. The
assessee debited net of purchase in its profit and loss account, exclusive
of commission allowed. BSNL issued TDS certificate in favour of the
assessee crediting the commission amount to the tune of Rs.85,11,789/-
deducting TDS of Rs.4,66,308/- and the assessee claimed the credit of
TDS of Rs.4,66,308/- in its return of income. The Assessing Officer did
3 ITA No. 508/CT K/ 2014 Asse ssment Year : 20 07- 08 not find the explanation of the assessee as convincing and held that the
assessee has taken credit for TDS but failed to offer the receipt of
commission of Rs.85,11,789/- as income. He, therefore, added
Rs.76,97,362 (Rs.85,11,789 – Rs.8,14,427) as suppressed income from
commission.
On appeal, the CIT(A) observed that during the course of appeal
hearing, the assessee filed the copy of the letter dt.6.12.2012 addressed
to the Assessing Officer along with detailed statement of net purchase
of Rs.11,28,48,976/- from the BSNL which is included in the total
purchase of Rs. 15,91,38,190.06 as reflected in schedule-M of the P&L
account. The net purchase of Rs. 11,28,48,976/- was net purchase after
deducting discount of Rs.75,21,391/- from the gross purchase of
Rs.12,03,70,367/- from the BSNL. A copy of certificate from the BSNL
was also filed wherein total commission has been shown at Rs.
85,11,789/- consisting of RCV & C-Topup commission of -
Rs.75,21,391/-, SIM commission of Rs.8,14,427/- and SIM activation
commission of Rs. 1,75,971/-. Since the purchase from the BSNL net of
commission of Rs.75,21,391/- has been taken in the P&L account,
therefore, the commission of Rs.75,21,391/- has also been considered
while arriving at the net profit.
The CIT(A) observed that the schedule-M (purchases & expenses)
shows figure of Rs. 15,81,61,229.91 which includes net purchases of
Rs.15,71,24,599.62. The said net purchase of Rs.15,71,24,599.62 has
4 ITA No. 508/CT K/ 2014 Asse ssment Year : 20 07- 08 been arrived at after deducting discount and rate difference of
Rs.11,99,163.44 and commission received of Rs.8,14,427/- from the
total purchases of Rs. 15,91,38,190.06. The figure of Rs.11,99,163.44
includes the BSNL rate difference of Rs.1,75,971/-, which means that
said Rs.1,75,971/- was income reflected in the P&L account by virtue of
showing less purchases to that extent. The addition by the Assessing
Officer of Rs.76,97,362/ consisted of Rs.75,21,391/- and Rs.1,75,971/-
. Accordingly, both the addition amounts to double addition since the
assessee has already offered the same as income by showing less
purchase to that extent. In view of above, ld CIT(A) deleted the addition
of Rs.76,97,362/- and allowed the appeal of the assessee.
Ld Departmental Representative relied on the order of the
Assessing Officer.
After considering the submissions of ld D.R. and perusing the
materials available on record, we find that ld DR could not point out any
specific error in the order of the CIT(A). He could not bring any positive
record to show that the purchases shown by the assessee in the profit
and loss account is net of commission receipt. Since the purchases are
shown by the assessee net of commission receipt, the commission of
Rs.76,97,362 is already accounted for by the assessee in P&L account
by showing less purchases and thereby showing more profits to that
extent, hence, we find no error in the order of the CIT(A), which is
hereby confirmed and ground of appeal of revenue is dismissed.
5 ITA No. 508/CT K/ 2014 Asse ssment Year : 20 07- 08 10. In the result, the appeal filed by the revenue is dismissed. Order pronounced in the open court on 25 /04/2017 in the presence of parties. Sd/- sd/- (Kuldip Singh) (N.S Saini) JUDICIAL MEMBER ACCOUNTANT MEMBER Cuttack; Dated 25 /04/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : ACIT, Circle -2(1), Sambalpur 2. The Respondent. M/s. Hindustan Sales Pvt Ltd., Gandhi Chowk, Koraput By pass Road, PO: Jeypore, Koraput 3. The CIT(A)-1, Bhubaneswar 4. Pr.CIT-1, Bhubaneswar 5. DR, ITAT, Cuttack BY ORDER, 6. Guard file. //True Copy// SR.PRIVATE SECRETARY ITAT, Cuttack