ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE vs. INDO GLOBAL ERECTORS PVT.LTD,, PUNE
In the result, the appeal of the Revenue is dismissed
ITA 2349/PUN/2017[2012-13]Status: DisposedITAT Pune20 Nov 2019AY 2012-13
Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.2349/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13 Acit, Circle-11, .......अपीलाथ" / Appellant Pune. बनाम / V/S. Indo Global Erectors Pvt. Ltd., 704, Sohrab Hall, Sasoon Road, Pune Station, Pune-411001. ……""यथ" / Respondent Pan : Aabci5167N Revenue By : Shri Pankaj Garg Assessee By : Shri Kishor Phadke सुनवाई क" तारीख / Date Of Hearing : 07.11.2019 घोषणा क" तारीख / Date Of Pronouncement : 20.11.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Revenue Against The Order Of Cit(A)-1, Pune Dated 24.07.2017 For The Assessment Year 2012-13. 2. The Grounds Raised By The Revenue Are As Under :- “1. The Order Of The Ld. Cit(A) Is Contrary To Law & To The Facts & Circumstances Of The Case. 2. The Ld. Cit(A) Erred On The Facts & Circumstances Of The Case In Directing The Assessing Officer To Delete The Addition Of Rs. 18,75,000/- Made On Account Of Unconsidered Amount Of Consideration From Geberit India Manufacturing Ltd. As Per Mou Even Though The Assessee Company Is Following Mercantile System Of Accounting. 3. The Ld. C1T(A) Erred On The Facts & Circumstances Of The Case In Directing The Assessing Officer To Delete The Addition Of Rs. 98,20,000/- Made On Account Of Disallowance Of Commission Paid To Various Brokers For Introduction Of Customers To The Assessee Company Even Though The Assessee Company Failed To Discharge Its Onus To Prove That The Expenditure Was Incurred
For Appellant: Shri Kishor PhadkeFor Respondent: Shri Pankaj Garg
Section 143(3)Section 14A
197/-
Rs.3,58,23,327/-
Total Income
Rs.12,01,17,636/-
Total Income Rounded off to Rs.12,01,17,640/-
4. During the proceedings before the CIT(A), assessee made various submissions. At the end of the proceedings, the CIT(A) granted relief to the assessee on items relating to (i) addition of Rs.18,75,000/- on account
3
unconsidered