BLR LOGISTIKS (INDIA) LTD.,MUMBAI V. DCIT-6, MUMBAI

ITA 4145/MUM/2024

AI Insights

The case involves BLR Logistiks (India) Ltd., which appealed against the order of the Commissioner of Income Tax (Appeals) confirming an addition of Rs.4,47,874 to their income for the Assessment Year 2015-16. The addition was based on discrepancies between the income reported in the assessee's books and the amounts reflected in the Annual Information Return (AIR) data. The assessee argued that the authorities did not verify the details provided and made an ad-hoc addition of 18% to the income. The Tribunal found merit in the assessee's argument and remanded the issue back to the AO for verification and proper adjudication.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 471393 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2024
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 10-10-2024
• Assessment Year: 2015-2016
• Appeal Filed On: 19-08-2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 133(6)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B”, MUMBAI BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SMT. RENU JAUHRI, ACCOUNTANT MEMBER ITA No. 4145/Mum/2024 : Asstt. Year: 2015-16 BLR Logistiks (India) Ltd., D-201/202, Lotus Corporate Park, Off. Western Express Highway, Goregaon (East), Mumbai-400063 Vs. DCIT-6, Aayakar Bhawan, M.K. Road, Churchgate, Mumbai-400020 APPELLANT RESPONDENT PAN NO : AAACB3002G Assessee represented by Shri Rakesh K. Sirsalewala, CA Department represented by Shri Paresh Deshpande, Sr. DR Date of hearing 10-10-2024 Date of pronouncement 18-10-2024 O R D E R PER BEENA PILLAI, JM: Present appeal filed by the assessee arises out of order dated 21.06.2024 passed by the Ld. Addl./JCIT(A)-1, Delhi for Assessment Year 2015-16 on following grounds of appeal: “1. The learned Commissioner of Addl./JCIT(A) erred in confirming the addition by the Assessing Officer amounting to Rs.4,47,874/- being 18% of Rs.24,88,188/-, the sum of money not found in the receipt of your appellant as provided in AIR information. As the appellant prays that the impugned addition of Rs.4,47,874/-.” 2 ITA No. 4145/Mum/2024 BLR Logistiks (India) Ltd. Brief facts of the case are as under: 2. The assessee is engaged in the business of transportation and logistics services. For the year under consideration, assessee filed its return of income declaring total income of Rs.2,43,68,420/-. During the assessment proceedings, the Ld. AO called for details in respect of the parties from whom assessee received money as reflected in the AIR data to the extent of Rs.2.87 Cr. 2.1 In response to the notice the assessee prepared detailed statement providing information of such parties. The Ld. AO pointed out that as per books, the gross receipts from the parties was Rs.91.53 Cr. against the amount appearing in the AIR data of Rs.25.87 Cr. It is submitted that the Ld. AO picked up only those parties from whom higher amount was received as per the AIR data, though admitting to the fact that the money is received as per the books was more than the money that was reflected in the AIR data. 3. The Ld. AO without calling for any details made addition on an ad-hoc basis at 18%. Aggrieved by the order of the Ld. AO, the assessee preferred appeal before the Ld. CIT(A). Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before the Tribunal. 3. It was submitted that, the assessee furnished relevant details, however, no verification was carried out by the authorities below. In 3 ITA No. 4145/Mum/2024 BLR Logistiks (India) Ltd. the interest of justice, we find it necessary to remand this issue back to the Ld. AO to carry out verification from the parties from whom the alleged money are held to be not offered in the nature of gross receipts by the Ld. AO. The Ld. AO is directed to issue notice u/s 133(6) of the Act to the parties and the assessee is directed to furnish all relevant information/details in support of its claim. The Ld. AO shall adjudicate the issue in accordance with law. Needless to say proper opportunity must be given in accordance with law to the assessee. Accordingly, the grounds raised by the assessee stands partly allowed for statistical purpose. In the result, appeal filed by the assessee is partly allowed. Order pronounced in the open court on 18/10/2024. Sd/- Sd/- (RENU JAUHRI) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18th October, 2024 *Subodh Kumar, Sr. PS* ᮧितिलिप अᮕेिषतCopy of the Order forwarded to : 1. अपीलाथᱮ/The Appellant , 2. ᮧितवादी /The Respondent. 3. आयकर आयुᲦ CIT 4. िवभागीय ᮧितिनिध ,आय.अपी.अिध. , मुबंई/DR, ITAT, Mumbai 6. गाडᭅ फाइल/Guard file. BY ORDER, //True Copy// Asstt. Registrar, ITAT, Mumbai "