Surat Ahmedabad Transport Pvt.ltd., Surat V. The ACIT.,Circle-4, Surat

ITA 117/AHD/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 6016 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2010
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: D
• Next Hearing Date: 18-05-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 04-01-2008
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SHRI H P MEENA
• Assessee Lawyers: SAPNESH SHETH

Judgement Text

ITA.NO.117/AHD/08 A.Y.2004-05 1 1 IN THE INCOME TAX APPELLATE TRIBUNAL, D-BENCH, AHME DABAD . BEFORE SHRI T.K. SHARMA, AND SHRI D.C.AGRAWAL. SURAT CAMP . ITA NO. 117/AHD/2008 (ASSESSMENT YEAR : 2004-2005) SURAT AHMEDABAD TRANSPORT PRIVATE LTD., CENTRAL ROAD NO.5, UDHNA UDHYOG NAGAR, UDHNA, SURAT. ASSISTANT COMMISSIONER OF INCOME TAX,RANGE-4, AAYAKAR BHAVAN,MAJURA GATE, SURAT. (APPELLANT) VERSUS (RESPONDENT) FOR THE APPELLANT: SHRI SAPNESH SHETH FOR THE RESPONDENT SHRI SHRI H.P. MEENA, SR.D.R. PAN NO. AADCS 3054 Q ORDER SHRI D. C. AGRAWAL : THIS APPEAL IS FILED BY THE ASSESSEE RAISING FOLLO WING GROUND :- ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE AS W ELL AS ON THE SUBJECT, THE LD. C.I.T.(A) HAS ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN MAKING ADDITION OF RS.4,05,685/- ON ACCOUNT OF CLAI M PAYABLE SHOWN IN BALANCE SHEET. 2. THE FACTS OF THE CASE ARE THAT ASSESSEE IS A TRA NSPORT SERVICE PROVIDER. A PERUSAL OF THE BALANCE SHEET INDICATED THAT ASSESSE E HAS SHOWN CLAIM PAYABLE AT RS.4,05,685/-.THE A.O. REQUIRED THE ASSESSEE TO FUR NISH THE DETAILS SUCH AS NAME AND ADDRESS OF THE PARTIES TO WHOM THE CLAIM WAS PA YABLE OR THE GOODS OR SERVICES PROVIDED BY THE PARTIES FOR WHICH THIS SUM WAS SHOW N PAYABLE IN THE BALANCE SHEET. NO DETAILS WERE FURNISHED BY THE ASSESSEE. A CCORDINGLY, THE A. O. TREATED THE SUM AS UNVERIFIABLE AND ADDED IN THE TOTAL INCO ME. ITA.NO.117/AHD/08 A.Y.2004-05 2 2 3. DURING THE APPELLATE PROCEEDINGS IT WAS SUBMITTE D THAT A SUM OF RS.2,50,278/- IS CARRIED FORWARD AMOUNT FROM EARLI ER YEAR. THE LD. C.I.T.(A) ACCORDINGLY DIRECTED THE A.O. TO VERIFY IF THERE IS OUTSTANDING BALANCE BROUGHT FORWARD FROM EARLIER YEAR. THEN TO THAT EXTENT ADDI TION SHOULD BE REDUCED. HE CONFIRMED THE REST OF THE ADDITION ON THE GROUND TH AT CLAIM WAS APPARENTLY BOGUS. 4. BEFORE US LD. A.R. FOR THE ASSESSEE SUBMITTED TH AT THE ASSESSEE HAS OFFERED A SUM OF RS.2,60,574/- IN THE ASSESSMENT YEAR 2004- 05 OUT OF CLAIM UNPAID, THEREFORE, TO THIS EXTENT ADDITION SHOULD NOT BE MA DE IN THE CURRENT YEAR. FURTHER, IN THE ASSESSMENT YEAR 2003-04 ASSESSEE HAS OFFERED A SUM OF RS.41,83,863/- AS CLAIMS UNPAID. IN ADDITION TO THIS A SUM OFRS.26,9 55/- HAS ACTUALLY BEEN PAID DURING THE CURRENT ASSESSMENT YEAR 2004-05 AS UNDE R :- PAYMENT DATE. PARTICULAR. A MOUNT. 29.05.04 M/S.K. P. CHEMICAL LR NO.907319 & 907350 12,386-00 04.06.04 M/S.SINIJA AUTO ENGG. LR.NO. 486612 10,574-00 02.07.04 M/S.VIRAL TEX. LR.NO. 362993 3,99 5-00 TOTAL 26,955-00 5. LD. A.R. SUBMITTED THAT ADDITION TO THIS EXTENT SHOULD NOT BE MADE. THUS, ONLY A BALANCE SUM OF RS.1,08,156/- SURVIVES. 6. THE LD. D.R. SUBMITTED THAT THERE IS NO EVIDENCE THAT ANY PART OF THE SUM OF RS.4,05,685/- HAS BEEN OFFERED FOR TAXATION IN THE ASSESSMENT YEAR 2003-04. 7. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USING THE MATERIAL ON RECORD. WE HAVE CHECKED UP AND WE FIND THAT SUBMISS IONS OF LD. A.R. ARE CORRECT AND ACCEPTABLE. THEN ONLY ADDITION WHICH SURVIVES I S OF RS.1,08,156/-. ADDITION TO THIS EXTENT IS CONFIRMED. THE ASSESSEE GETS BALANCE OF RELIEF. ITA.NO.117/AHD/08 A.Y.2004-05 3 3 9. AS A RESULT, APPEAL FILED BY THE ASSESSEE IS PAR TLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 -06 -20 10. SD/- SD/- (T. K. SHARMA) (D.C. AGRA WAL) JUDICIAL MEMBER. ACCOUNTANT MEMBER AHMEDABAD DATE :- 11- 06 -2010. COPY OF THE ORDER FORWARDED TO : THE ASSESSEE THE ASSESSING OFFICER THE CIT CONCERNED. THE CIT(A) CONCERNED . THE DR, AHMEDABAD GUARD FILE (IN DUPLICATE) BY ORDER, DEPUTY.REGISTRAR,ITAT. AHMEDABAD.