Bharath Shipping Agency, CHENNAI V. ITO Non Corporate Ward 11(3), CHENNAI

ITA 1145/CHNY/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5977 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 03-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation; Principle of natural justice; TDS
• Section: 143(3); 40(a)(ia)

Judgement Text

आयकर अपीलीय अिधकरण ‘डी’ ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, CHENNAI माननीय .ी महावीर िसंह, उपा45 एवं माननीय .ी मनोज कु मार अ:वाल ,लेखा सद= के सम5। BEFORE HON’BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ITA No.1145/Chny/2018 (िनधाEरणवषE / Assessment Year: 2014-15) M/s. Bharath Shipping Agency, C/o. Shri Kuberan & Padma Kuberan, Old No.5, New No.9, 1 st Cross Street, Lake Area, Nungambakkam Chennai – 600 034. बनाम/ V s. ITO Non Corporate Ward -11(3), Chennai. थायीलेखासं./जीआइआरसं./P AN /GI R No. AAI F B -7 3 3 6 -G (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Shri I. Dinesh (Advocate) – Ld. A.R थ कीओरसे/Respondent by : Shri G. Johnson (Addl.CIT) – Ld DR सुनवाईकीतारीख/ Date of Hearing : 28-03-2022 घोषणाकीतारीख / Date of Pronouncement : 28-03-2022 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of the order of learned Commissioner of Income Tax (Appeals)-13, Chennai [CIT(A)] dated 01-02-2018 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 28-12-2016. ITA No. 1145/Chny/2018 - 2 - 2. The Ld. AR, at the outset, placed on record additional evidences and pleaded for admission of the same. The additional evidences are accompanied by the affidavit of the assessee wherein it has been submitted that these evidences could not be submitted before the lower authorities in view of the fact that assessee firm was out of business and the business premises was locked by the landlord owing to rental arrears. The Ld. AR submitted that non-production of the documents was neither willful nor wanton. The Ld. Sr. DR, on the other hand, opposed the admission of additional evidences at this stage and submitted that the assessee did not produce them before lower authorities. 3. The material facts are that in the absence of satisfactory documentary evidences forthcoming from the assessee, certain expenses as claimed by the assessee in the Profit & Loss Account were disallowed on adhoc basis. The depreciation on new assets was also disallowed since the bills were not produced. The assessee was also saddled with disallowance u/s 40(a)(ia) on certain payment for want of TDS compliance. During appellate proceedings, similar was the position. Accordingly, the assessment was confirmed against which the assessee is in further appeal before us. 4. Upon perusal of additional evidences, we are of the considered opinion that the same would have material bearing on the assessment of the assessee. Therefore, keeping in view the principles of natural justice, we admit the same and restore the matter back to the file of Ld. AO for reframing the assessment. The assessee, in turn, is directed to substantiate its case. ITA No. 1145/Chny/2018 - 3 - 5. The appeal stands allowed for statistical purposes. Order pronounced on 28 th March, 2022. (MAHAVIR SINGH) उपा45 /VICE PRESIDENT (MANOJ KUMAR AGGARWAL) लेखा सद= /ACCOUNTANT MEMBER चे*ई/ Chennai; िदनांक/ Dated : 28-03-2022 EDN/- आदेशकीYितिलिपअ:ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant2. यथ /Respondent 3. आयकरआयु (अपील)/CIT(A)4. आयकरआयु /CIT 5. िवभागीय ितिनिध/DR6. गाड फाईल/GF