SHREE LTC AGRO SALES LTD, MUMBAI V. ITO 7(2)(3), MUMBAI

ITA 1116/MUM/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 2292 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2016
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Next Hearing Date: 25-10-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 24-02-2015
• Court: TRIBUNAL
• Department Lawyers: BHARTI SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI PAWAN SINGH (JM) I.T.A. NO. 1116 /MUM/ 2015 (ASSESSMENT YEAR 200 6 - 0 7 ) M/S.SHREE LTC AGRO SALES LIMITED 103, ARIHANT BUILDING BAJAJ ROAD, VILE PARLE (W) MUMBAI - 400 056. ITO 7(2)(3) MUMBAI ( APPELLANT ) ( RESPONDENT ) PAN NO . AAHCS0098Q ASSESSEE BY NONE DEPARTMENT BY MS. BHARTI SINGH DATE OF HEARING 2 5 .10 . 201 6 DATE OF PRONOUNCEMENT 25 .10. 201 6 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 12.11.2014 PASSED BY THE LEARNED CIT(A) - 13, MUMBAI AND IT RELATES TO A.Y. 2006 - 07. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF THE LEARNED CIT(A) IN CONFIRMING THE ADDITION OF ` 21,16,127/ - MADE BY THE A SSESSING OFFICER U/S. 40(A)(IA) OF THE ACT. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AND WE NOTICE D FROM THE RECORD THAT THE ASSESSEE IS NOT CLAIMING NOTICES SENT BY THE REG ISTRY . AC CORDINGLY WE NOTICE THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. HENCE, WE PROCEED TO DISPOSE OF THE APPEAL EX - PAR T E, WITHOUT PRESENCE OF THE ASSESSEE. 3. WE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. WE NOTICED THAT THE ASSESSEE HAS PAID LABOUR CHARGES OF ` 21,16,127/ - AND THE ASSESS ING OFFICER ASKED THE ASSESSEE TO SUBMIT THE DETAILS OF TAX DEDUCTED AT SOURCE FROM THE ABOVE SAID PAYMENT AS PER PROVISIONS OF THE ACT. THE ASSESSEE PERCEPT FINSERVE P. LTD. 2 DID NOT FURNISH THE DETAILS AND HENCE THE ASSESSING OFFICER PROCEEDED TO DISALLOW THE ABOVE SAID AMOUNT U/ S. 40(A)(IA) OF THE ACT FOR NON - DEDUCTION OF TAX AT SOURCE. BEFORE THE LEARNED CIT(A) ALSO ASSESSEE DID NOT FURNISH ANY DETAILS AND HENCE HE CONFIRMED THE ORDER PASSED BY THE ASSESSING OFFICER. 4. BEFORE US ALSO THE ASSESSEE DID NOT FURNISH ANY DETAILS TO CONTROVERT THE ORDER OF THE LEARNED CIT(A). UNDER THESE SET OF FACTS, WE HAVE NO OTHER OPTION BUT TO CONFIRM THE ORDER PASSED BY THE LEARNED CIT(A). 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 2 5 .10 .2016 SD/ - SD/ - (PAWAN SINGH) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 2 5 / 10 / 20 1 6 COPY OF THE ORDER FORW ARDED 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 PS