Durairaj Nehru Edwinraj, CHENNAI V. ITO, CHENNAI

ITA 1355/CHNY/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4148 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 07-06-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 15-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMESH KUMAR
• Assessee Lawyers: A S SRIRAMAN

Judgement Text

, .. , IN THE INCOME TAX APPELLATE TRIBUNAL , SMC D BENCH, CHENNAI . , ! BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.1355/MDS/2014 ( / ASSESSMENT YEAR: 2008-09) SHRI DURAIRAJ NEHRU EDWINRAJ, 19/11, CIT NAGR, NANDANAM, CHENNAI 35. VS THE INCOME TAX OFFICER, BUSINESS WARD I(2), CHENNAI 34. PAN: AAGPE8297D ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI A.S. SRIRAMAN, ADVOCATE /RESPONDENT BY : SHRI R. CLEMENT RAMESH KUMAR, ADDL. CIT /DATE OF HEARING : 07.06.2017 ! /DATE OF PRONOUNCEMENT : 13.06.2017 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX, APPEA LS (CENTRAL)-1, CHENNAI DATED 24.03.2014 IN ITA NO.140 /2013-14 FOR THE ASSESSMENT YEAR 2008-09 PASSED U/S.250(6) R .W.S.143(3) & 147 OF THE ACT. 2. THE ASSESSEE HAS RAISED TWO GROUNDS IN HIS APPEA L AND THE CONCISE GROUND IS REFRAMED HEREIN BELOW FOR ADJ UDICATION:- I. THE LD.CIT(A) AS WELL AS THE LD.AO HAS ERRED IN DISALLOWING THE CLAIM OF EXPENDITURE OF RS.30,24,681/-. 2 ITA NO.1355/MDS/2017 II. THE LD.CIT(A) AS WELL AS THE LD.AO HAS ERRED IN TREATING THE INTEREST INCOME OF RS.17,445/- AS NOT DISCLOSED. 3. AT THE OUTSET THE LD.AR SUBMITTED THAT THOUGH TH E ASSESSEE HAD FURNISHED ALL THE BILLS AND VOUCHERS W ITH RESPECT TO THE EXPENDITURE INCURRED, THE REVENUE AUTHORITIES H ELD THAT THEY WERE NOT PRODUCED BEFORE THEM FOR VERIFICATION WHIC H IS INCORRECT. HE FURTHER SUBMITTED THAT THE MATTER MAY BE REMITTE D BACK TO THE FILE OF LD.AO IN ORDER TO VERIFY THE EXPENDITURE IN CURRED WITH EVIDENCE. THE LD.AR FURTHER SUBMITTED THAT THE ASS ESSEE HAD DISCLOSED THE INTEREST INCOME EARNED BY HIM CORRECT LY IN THE RETURN AND THE LD.AO AS WELL AS THE LD.CIT(A) ERRED IN CONCLUDING THAT THERE WERE SHORT DISCLOSURE OF INTE REST AMOUNTING TO RS.17,445/-. HENCE IT WAS PRAYED THAT THE MATTE R MAY BE REMITTED BACK TO THE FILE OF LD.AO FOR VERIFYING TH E SAME. THE LD.DR ON THE OTHER HAND ARGUED IN SUPPORT OF THE OR DERS OF THE LD.AO AS WELL AS THE LD.CIT(A) AND REQUESTED FOR DI SMISSING THE APPEAL OF THE ASSESSEE. 4. I HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY PERUSED THE MATERIALS ON RECORDS. CONSIDERING THE FACTS AND CIRCUMSTANCE OF THE CASE, I DO NOT FIND THE SUBMISSION OF THE LD .AR CONVINCING. EVEN AT THIS STAGE BEFORE ME, THE DETAILS OF THE BI LLS AND 3 ITA NO.1355/MDS/2017 VOUCHERS AND OTHER PARTICULARS ARE NOT PRESENTED FO R VERIFICATION. THEREFORE IT APPEARS THAT IT IS A LAME EXCUSE STEER ED THE LD.AR / ASSESSEE IN ORDER TO GAIN TIME. HOWEVER, IN THE IN TEREST OF JUSTICE, I HEREBY REMIT THE MATTER BACK TO THE FILE OF LD.AO TO DECIDE BOTH THE ISSUES RAISED IN THE APPEAL AFRESH THERE BY GIVING ONE MORE OPPORTUNITY TO THE ASSESSEE OF BEING HEARD . I ALSO CAUTION THE ASSESSEE AND HIS AR TO PROMPTLY CO-OPER ATE BEFORE THE REVENUE AUTHORITIES IN ORDER TO COMPLETE THEIR PROCEEDINGS FAILING WHICH THE REVENUE AUTHORITIES SHALL BE AT L IBERTY TO PASS APPROPRIATE ORDER ON MERITS AND LAW, BASED ON THE F ACTS AND MATERIAL AVAILABLE ON RECORD. I ALSO DIRECT THE LD . REVENUE AUTHORITIES TO ACCEPT ANY EVIDENCES BROUGHT BEFORE THEM EVEN FOR THE FIRST TIME AND THEREAFTER EXAMINING THE SAME CO NSIDER THE CASE OF THE ASSESSEE AS DIRECTED HEREIN ABOVE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE 13 TH JUNE, 2017. SD/- ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER '# /CHENNAI, $% /DATED 13 TH JUNE, 2017 JR 4 ITA NO.1355/MDS/2017 % '( )( /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. , ( )/CIT(A) 4. , /CIT 5. (-. / /DR 6. .0 /GF