M/S SHALIMAR CONSTRUCTION,DARJEELING vs. D.C.I.T, CIR-2, SILIGURI
In the result, the appeal filed by the assessee on ground No
ITA 2443/KOL/2013[2010-11]Status: DisposedITAT Kolkata22 Mar 2017AY 2010-11
Bench: Shri N.V.Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.2443/Kol/2013 ("नधा"रण वष" /Assessment Year:2010-2011) M/S Shalimar Construction, Vs. Dcit, Circle-2, Matigara, Shivmandir, Po:Kadamtala, Siliguri, West Bengal. District : Darjeeling-734011 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aawfs 5786 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri S.K.Tulsian, Senior Advocate Revenue By : Shri Rajat Kumar Kureel, Jcit सुनवाई क" तार"ख / Date Of Hearing : 27/02/2017 घोषणा क" तार"ख/Date Of Pronouncement 22/03/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee Pertaining To Assessment Year 2010-2011, Is Directed Against The Order Passed By Ld. Cit(A), Siliguri, In Appeal No.03/Cit(A)/Slg/2013-14, Dated 29.05.2013, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 01.03.2013. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed Its E-Return Of Income On 14/10/2010, Disclosing Total Income Of Rs.12,36,040/-. The Assessee’S Case Was Selected For Scrutiny U/S 143(3) Of The Act & The Ao Has Completed The Assessment By Making Disallowance On Account Of Unexplained Expenditure Rs.5,98,492 ( Expenditure Incurred By The Assessee Without Debit Balance In The Cash Book) & Disallowed Rs.5,73,950/-( Machine Hire Charges Paid Without Deducting Tds). 3. The Captioned Appeal Is Time Barred For 54 Days. The Assessee Filed A Petition For Condonation Of Delay Alongwith Affidavit. After Hearing Ld Ar
For Appellant: Shri S.K.Tulsian, Senior AdvocateFor Respondent: Shri Rajat Kumar Kureel, JCIT
Section 143(3)Section 194
condone the delay and the appeal is
admitted for hearing.
4. Aggrieved from the order of AO, the assessee filed an appeal
before the ld. CIT(A), who has partly allowed the appeal of the assessee
observing the followings :-
Observation of CIT(A) for ground No. 4 raised by assessee
I have carefully examined and considered the submission