M/s. Shashwat Asociates, Ahmedabad V. The Income tax Officer,Ward-9(1), Ahmedabad

ITA 1258/AHD/2011

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 6927 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 28-11-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 28-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD , , BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ./ I.T.A. NO.1258/AHD/2011 ( / ASSESSMENT YEAR : 2007-08) M/S.SHASHWAT ASSOCIATES F.P.NO.104/4, SHAHSHWAT ARCADE BHULABHAI CROSS ROAD AHMEDABAD / VS. THE INCOME TAX OFFICER WARD-9(1) AHMEDABAD ' ./ ./ PAN/GIR NO. : ABFFS 3817 H ( '% / APPELLANT ) .. ( &''% / RESPONDENT ) '%( / APPELLANT BY : SMT. ARTI N.SHAH, AR &''%)( / RESPONDENT BY : SHRI V.K. SINGH, SR.DR *) / DATE OF HEARING 28/11/2014 +,-.) / DATE OF PRONOUNCEMENT 19/12/2014 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE LD.COMMISSIONER OF INCOME TAX(APPEALS)-XV, AHMEDABA D (CIT(A) IN SHORT) DATED 29/01/2010 PERTAINING TO ASSESSMEN T YEAR (AY) 2007-08. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF A PPEAL:- 1. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-X V, AHMEDABAD HAS ERRED IN LAW AND ON FACTS OF THE CASE BY CONFIRMING THE ADDITION OF RS.5,32,248/- U/S.40(A)(IA) OF THE INCOME TAX ACT, 1961 MADE BY THE ASSESSING OFFICER. 2. YOUR APPELLANT RESERVES THE RIGHT TO ADD, ALTER, AM END AND/OR WITHDRAW ANY OF THE ABOVE GROUNDS OF APPEAL. ITA NO.1258/AHD /2011 M/S.SHASHWAT ASSOCIATES VS. ITO ASST.YEAR 2007-08 - 2 - 2. BRIEFLY STATED FACTS ARE THAT THE CASE OF THE AS SESSEE WAS PICKED UP FOR SCRUTINY ASSESSMENT AND THE ASSESSMENT U/S.143( 3) OF THE INCOME TAX ACT,1961 (HEREINAFTER REFERRED TO AS THE ACT) WAS FRAMED VIDE ORDER DATED 14/12/2009, THEREBY THE ASSESSING OFFICER (AO IN SHORT) MADE ADDITION U/S.40(A)(IA) OF THE ACT OF RS.8,63,913/- ON THE GROUND THAT THE TDS WAS NOT DEPOSITED IN THE GOVERNMENT ACCOUNT WIT HIN THE PRESCRIBED TIME LIMIT. THE ASSESSEE PREFERRED AN APPEAL BEFOR E THE LD.CIT(A) AND THE LD.CIT(A) PARTLY ALLOWED THE ASSESSEES APPEAL. FE ELING AGGRIEVED BY THE ORDER OF THE LD.CIT(A), THE ASSESSEE IS IN FURTHER APPEAL BEFORE US. 3. THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT O UT OF THE DISALLOWANCE OF RS.8,93,752/-, THE LD.CIT(A) SUSTAI NED THE DISALLOWANCE OF RS.5,32,248/-. SHE SUBMITTED THAT THE LD.CIT(A) WAS NOT JUSTIFIED IN RESTRICTING THE DISALLOWANCE. DURING THE COURSE OF HEARING, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED A COPY OF CHALLAN, WHERE BY AN AMOUNT OF RS.10,279/- IS DEPOSITED IN THE GOVERNMENT ACCOUNT. THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE AMOUNT WAS DEPOSITE D IN THE GOVERNMENT ACCOUNT ON 07/04/2007, WHEREAS THE DUE DATE OF FURN ISHING THE RETURN WAS 31/10/2007. THEREFORE, SHE SUBMITTED THAT THE DISALLOWANCE BE DELETED. 4. ON THE CONTRARY, THE LD.SR.DR SUPPORTED THE ORDE RS OF THE AUTHORITIES BELOW. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. WE FIND THAT THE ASSESSEE HAS PLACED ON RECORD A CH ALLAN OF RS.10,279/- ITA NO.1258/AHD /2011 M/S.SHASHWAT ASSOCIATES VS. ITO ASST.YEAR 2007-08 - 3 - DATED 07/04/2007 WHICH WAS CLEARED ON 10/04/2007. THIS FACT, WHETHER THE TAX DEPOSITED IN THE BANK ACCOUNT IS RELATED TO THE PAYMENT WHICH HAS BEEN DISALLOWED BY THE AO & LD.CIT(A), REQUIRES VER IFICATION AT THE END OF THE AO. IF THE ASSESSEE DEPOSITED THE TAX IN TH E BANK ACCOUNT BEFORE THE DUE DATE OF FILING THE RETURN AND THE SAME RELA TES TO THE PAYMENTS MADE BY THE ASSESSEE TO VARIOUS PARTIES IS FOUND CO RRECT, THEN THE AO WOULD DELETE THE ADDITION. ACCORDINGLY, GROUND IS ALLOWED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON FRIDAY, THE 19TH DAY OF DECEMBER, 2014 AT AHMEDABAD. SD/- S/D- ( ) ( ) ( ANIL CHATURVEDI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 19/ 12 /2014 2..,.../ T.C. NAIR, SR. PS !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. '% / THE APPELLANT 2. &''% / THE RESPONDENT. 3. 345 6 / CONCERNED CIT 4. 6 ( ) / THE CIT(A)-XV, AHMEDABAD 5. 78& 45 , 45. , 3 / DR, ITAT, AHMEDABAD 6. 8:;<* / GUARD FILE. / BY ORDER, '7 & //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD