M/s Trig Security & Intelligence Pvt Ltd., Jsr V. ITO WRD-3(2), JSR

ITA 13/RAN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5995 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 11-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N S KHALKO
• Section: 43B; 143(3); 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI, E COURT, AT KOLKATA BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI S.S. GODAR A, JM ./ITA NO.13/RAN/2019 ( / ASSESSMENT YEAR:2014-15) M/S TRIG SECURITY AND INTELLIGENCE PVT. LTD. 1 ST FLOOR, JYOTI TOWER, ROAD NO. 2, CONTRACTORS AREA, BISTUPUR, JAMSHEDPUR VS. ITO, WARD-3(2), JAMSHEDPUR ./ ./PAN/GIR NO.: AACCT 5945 J (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI DEVESH PODDAR, ADVOCATE RESPONDENT BY : SHRI N. S. KHALKO, JCIT / DATE OF HEARING : 02/09/2020 /DATE OF PRONOUNCEMENT : 23/09/2020 / O R D E R PER SHRI S. S. GODARA, JM: THE ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014 -15 ARISES AGAINST THE CIT(A)- JAMSHEDPURS ORDER DATED 23/06/2017, PASSE D IN CASE NO148/JSR/2016- 17 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOM E TAX ACT, 1961 ( IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE RA ISED IN THE INSTANT LIS SEEKS TO REVERSE BOTH THE LEARNED LOWER AUTHORITIES ACTION DISALLOWING / ADDING ALLEGED I.T.A NO.13/RAN/2019 M/S TRIG SECURITY AND INTELLIGENCE PVT. LTD. A.Y.: 2014-15 PAGE | PAGE | PAGE | PAGE | 2 22 2 SERVICE TAX CLAIMED AT RS. 7,30,708/- ON ACCOUNT OF NON-PAYMENT THEREOF IN THE RELEVANT PREVIOUS YEAR THEREBY INVOKING SECTION 43B OF THE ACT. 3. LEARNED COUNSEL ONLY PLEAS DURING THE COURSE OF HEARING BEFORE US IS THAT THE IMPUGNED SERVICE TAX DEDUCTION COMPONENT HAS NO WHERE BEEN ROUTED THROUGH ITS PROFIT AND LOSS ACCOUNT SO AS TO BE CLAIMED AS A REVENUES ITEM ALLOWABLE FOR DEDUCTION. HE THEN QUOTED THIS TRIBUNALS CO-ORDINA TE BENCH DECISION OF M/S VANSUN ERECTORS PVT. LTD. VS. ITO, WARD-17(3), HYDE RABAD IN ITA NO. 732/HYD/2018 FOR AY 2014-15 DATED 15.02.2019, HON BLE BOMBAY HIGH COURTS DECISION IN PCIT VS. TOP SECURITY PVT. LTD. (2018) 97 TAXMAN.COM 525 HONBLE DELHI HIGH COURT DECISION IN CIT VS. NOBEL AND HEWI TT INDIA PVT. LTD. (2008) 305 ITR 324 CALCUTTA HIGH COURT DECISION IN CIT VS. AS SOCIATED PIGMENT PVT. LTD. (1993) 71 TAXMAN 244 (CAL) TO THIS EFFECT. THERE IS NO REBUTTAL FROM REVENUE SIDE QUA THE ABOVE LEGAL POSITION. THE FACT ALSO RE MAINS THAT NEITHER OF THE LOWER AUTHORITY HAS EXAMINED THE ASSESSEES PROFIT & LOSS ACCOUNT TO THE ABOVE CLINCHING EFFECT. THE VERY FACTUAL POSITION CONTINUES BEFORE US AS WELL SINCE THE ASSESSEES PROFIT AND LOSS ACCOUNT DOES NOT FORM PART OF THE C ASE RECORDS. WE THEREFORE ACCEPT THE ASSESSEES FOREGOING SOLE GRIEVANCES IN PRINCIP LE AND RESTORE THE ISSUE BACK TO THE ASSESSING OFFICER FOR HIS NECESSARY FACTUAL VER IFICATION OF THE PROFIT AND LOSS ACCOUNT TO THIS EFFECT. 4. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS . ORDER PRONOUNCED IN THE COURT ON 23.09.2020 SD/- (J.SUDHAKAR REDDY) SD/- (S.S.GODARA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER /KOLKATA; / DATE: 23/09/2020 SB, SR.PS I.T.A NO.13/RAN/2019 M/S TRIG SECURITY AND INTELLIGENCE PVT. LTD. A.Y.: 2014-15 PAGE | PAGE | PAGE | PAGE | 3 33 3 COPY OF THE ORDER FORWARDED TO: 1. M/S TRIG SECURITY AND INTELLIGENCE PVT. LTD. 2. ITO, WARD-3(2), JAMSHEDPUR 3. C.I.T(A)- 4. C.I.T.- RANCHI 5. CIT(DR), RANCHI BENCH, RANCHI . 6. GUARD FILE. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY ITAT, KOLKATA BENCHES