V V TRANSPORT,ROHTAK vs. ASSISTANT COMMISSIONER OF INCOME TAX, ROHTAK
In the result, the appeal of the assessee is allowed
ITA 989/DEL/2024[2017-18]Status: DisposedITAT Delhi08 Aug 2025AY 2017-18
Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2017-18] V.V. Transport, Vs Acit, 96-A, Sindhu Bhawan, Rohtak Subhash Nagar, Rohtak, Haryana-124001. Pan-Aadfv5250G Appellant Respondent Appellant By Ms. Sakshi Pandey, Adv. Respondent By Shri Om Prakash, Sr. Dr Date Of Hearing 15.05.2025 Date Of Pronouncement 08.08.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 05.01.20248 Passed By Ld. Commissioner Of Income Tax (A)/Addl/Jcit(A)-7, Kolkata [“Ld.Cit(A)”] In Appeal No.Cit(A), Rohtak/10584/2019-20 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 20.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Partnership Firm, Engaged In The Business Of Running Of Petrol Pump. The Return Of Income For The Year Under Appeal Was Filed On 28.10.2017, Declaring Total Income Of Inr 4,29,25,730/-. The Case Of The Assessee Was Selected For Complete Scrutiny For The Reasons Of Cash Deposits During Demonetization Period & Notice U/S 143(2) Was Issued On 24.09.2018. After Considering The Submissions & The Books Of Accounts Submitted, The Ao Had Taken No Adverse Inference On The Issue Of Cash Deposited During Demonetization Period However, He Has Made Disallowance Of Inr 12,20,700/- By Holding That The Assessee Has Made Interest Free Advances To Staff & To One Of The Partners Whereas It Is Paying Interest On The Borrowings. In First Appeal, Ld.Cit(A) Has Deleted The Disallowance Made Out Of The Interest Payments Towards The Staff Advances Given However, Confirmed The Disallowance On Account Of Advances Given To The Partner Of Inr 1 Crore.
Section 143(2)Section 143(3)Section 234ASection 250Section 36
demonetization period however, he has made disallowance of INR 12,20,700/- by holding that the assessee has made interest