KING KAVERI TRADING COMPANY, MUMBAI V. DCIT 22(2), NAVI MUMBAI

ITA 1063/MUM/2013

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2493 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 07-05-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 07-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A RAMACHANDRAN
• Assessee Lawyers: SHAILESH M DOSHI

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI N.K . BILLAIYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER / I .T A NO. 1063/MUM/2013 ( / ASSESSMENT YEAR : 2007 - 08 KING KAVERI TRADING COMPANY, A - 19/1, MAITRI PARK, SION TROMBAY ROAD, CHEMBUR, MUMBAI - 400 071 / VS. THE DCIT 22(2), TOWER NO. 6, 4 TH FLOOR, VASHI RLY STATION COMPLEX, VASHI, NAVI MUMBAI ./ ./ PAN/GIR NO. : AAHAFK 4646F ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: SHRI SHAILESH M. DOSHI / RESPONDENT BY: SHRI A. RAMACHANDRAN / DATE OF HEARING : 2 3 .1 1 . 2015 / DATE OF PRONOUNCEMENT : 2 3 .1 1 .2015 / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) - 19 , MUMBAI D ATED 7.12.2012 PERTAINING TO ASSESSMENT YEAR 2007 - 08 . 2. THE SOLE GRIEVANCE OF THE ASSESSEE IS THAT THE LD. CIT(A) ERRED IN CONFIRMING AN ADHOC DISALLOWANCE @ 20% OF CERTAIN EXPENSES AMOUNTING TO RS. 4,87,281/ - . 3. THE ASSESSEE IS TRADING OF TRAILERS AND TRAILER PARTS. THE RETURN OF INCOME WAS ELECTRONICALLY FILED ON 17.210.2007 DECLARING TOTAL ITA. NO. 1063/M/2013 2 INCOME AT RS. 79,00,270/ - . THE RETURN WAS SELECTED FOR SCRUTINY ASSESSMENT AND ACCORDINGLY STATUTORY NOTICES WERE ISSUED A ND SERVED UPON THE ASSESSEE. 3.1. WHILE SCRUTINIZING THE RETURN OF INCOME, THE ASSESSING OFFICER NOTICED THAT THE ASSESSEE HAS CLAIMED FOLLOWING EXPENDITURES IN ITS PROFIT AND LOSS ACCOUNT. 1. REPAIRS & MAINTENANCE 85,364/ - 2. LOADING/UNLOADING 8,30,129/ - 3. DELIVERY CHARGES 10,61,900/ - 4. TRAVELLING 14,26,942/ - 5. SALES PROMOTION 6,55,244/ - 6. OFFICE EXPENSES 4,59,013/ - 45,18,592/ - 3.2. THE AO OBSERVED THAT SOME OF THE EXPENSES ARE INCURRED IN CASH AND ARE SUPPORTED ONLY WITH SELF MADE VOUCHERS. ACCORDINGLY, THE AO DISALLOWED 20% AND ADDED A SUM OF RS. 9,03,718/ - . 4. THE ASSESSEE CARRIED THE MATTER BEFORE THE LD. CIT(A). IT WAS STRONGLY CONTENDED THAT THE AO HAS FAILED TO PIN POINT ANY IRREGULARITIES IN INCURRING OF VARIOUS EXPE NSES. AFTER CONSIDERING THE FACTS AND THE SUBMISSIONS, THE LD. CIT(A) FOUND THAT ON CERTAIN EXPENSES, THE ASSESSEE HAS ALSO PAID FBT AND ALLOWED RELIEF TO THAT EXTENT AND CONFIRMED THE DISALLOWANCE AT RS. 4,87,281/ - . 5. AGGRIEVED BY WHICH THE ASSESSEE I S BEFORE US. 6. THE LD. COUNSEL FOR THE ASSESSEE REITERATED WHAT HAS BEEN STATED BEFORE THE LOWER AUTHORITIES. THE LD. COUNSEL ALSO RELIED UPON ITA. NO. 1063/M/2013 3 THE DECISION OF THE TRIBUNAL, MUMBAI BENCH IN THE CASE OF CRESCENT CHEMICALS IN ITA NO. 1355/M/2010, CALCUTT A BENCH IN THE CASE OF SRI DAMODAR PRASAD AGARWAL IN ITA NO. 1363/KOL/2009. 7. PER CONTRA, THE LD. DEPARTMENTAL REPRESENTATIVE STRONGLY SUPPORTED THE FINDINGS OF THE LOWER AUTHORITIES. 8. WE HAVE CAREFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BE LOW. THE UNDISPUTED FACT IS THAT THE DISALLOWANCES MADE BY THE AO ARE ON ADHOC BASIS. IT IS ALSO AN UNDISPUTED FACT THAT THE AO HAS NOT POINTED OUT ANY EXPENDITURE WHICH IS NOT RELATED TO THE BUSINESS OF THE ASSESSEE. THE ONLY ADVERSE INFERENCE DRAWN BY THE AO IS THAT SOME OF THE EXPENSES ARE INCURRED IN CASH AND ARE SUPPORTED BY SELF MADE VOUCHER. IN OUR CONSIDERED OPINION, THESE GENERAL OBSERVATIONS OF THE AO WOULD NOT JUSTIFY THE DISALLOWANCES. NO SPECIFIC DEFECT HAS BEEN POINTED OUT IN THE BOOKS OF ACCOUNTS MAINTAINED BY THE ASSESSEE. THEREFORE, WE DO NOT FIND ANY JUSTIFICATION IN MAKING SUCH ADHOC DISALLOWANCES. FINDINGS OF THE LD. CIT(A) IS SET ASIDE. THE AO IS DIRECTED TO DELETE THE ADDITION OF RS. 4,87,281/ - . 9. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 23 RD NOVEMBER , 2015 . SD/ - SD/ - ( PAWAN SINGH ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 23 RD NOVEMBER , 2015 . . ./ RJ , SR. PS ITA. NO. 1063/M/2013 4 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI