Sri Vicky Jaiswal , Hooghly V. ITO, Ward - 23(1), Hooghly , Hooghly

ITA 136/KOL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0510 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 31-01-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: GOUTAM MONDAL
• Assessee Lawyers: HIMADRI MUKHOPADHYAY
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH (SMC), KOLKATA [BEFORE SHRI P.M. JAGTAP, AM] I.T.A. NO. 136/KOL/2018 ASSESSMENT YEAR : 2013-14 SHRI VICKY JAISWAL..............................APPELLANT 91/2, G.T. ROAD, GULPATTI, CHAMPDANI, BHADRESWAS, HOOGHLY 712 222. [PAN : AMJPJ 8262 A] ITO WARD 23(1) HOOGHLY.....................RESPONDENT G.T. ROAD, KHADINA MORE, CHINSURAH, HOOGHLY 712 101. APPEARANCES BY: SHRI HIMADRI MUKHOPADHYAY, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SHRI GOUTAM MONDAL, ADDL. CIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JULY 26, 2018 DATE OF PRONOUNCING THE ORDER : SEPTEMBER 12, 2018 ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT (APPEALS) 6, KOLKATA DATED 13.10.2017 WHEREBY HE CONFIRMED THE DISALLOWANCE OF RS. 11,73,178/- MADE BY THE AO ON ACCOUNT OF EXPENSES CLAIMED BY THE ASSESSEE UNDER VARIOUS HEADS. 2. THE ASSESSEE IN THE PRESENT CASE IS AN INDIVIDUAL WHO IS ENGAGED IN THE BUSINESS OF TRADING. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY HIM ON 02.10.2014 DECLARING A TOTAL INCOME OF RS. 7,67,248/-. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE COULD NOT PRODUCE BOOKS OF ACCOUNT AS WELL AS OTHER SUPPORTING RECORDS FOR THE VERIFICATION OF THE AO. THE AO, THEREFORE, PROCEEDED TO COMPLETE THE ASSESSMENT U/S 144 TO THE BEST OF HIS JUDGEMENT VIDE ORDER DATED 07.03.2016 WHEREIN HE DISALLOWED THE ENTIRE EXPENSES OF RS. 11,73,178/- DEBITED TO THE PROFIT AND LOSS 2 I.T.A. NO. 136/KOL/2018 A.Y. 2013-14 VICKY JAISWAL ACCOUNT OF THE ASSESSEE. ON APPEAL, THE LD. CIT(A) CONFIRMED THE SAID DISALLOWANCE. AGGRIEVED BY THE ORDER OF THE LD. CIT(A), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 3. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS NOT PRESSED THE GROUND ORIGINALLY RAISED BY THE ASSESSEE IN THIS APPEAL CHALLENGING THE DISALLOWANCE OF RS. 11,73,178/- MADE BY THE AO AND CONFIRMED BY THE LD. CIT(A). HE HOWEVER HAS FILED AN ADDITIONAL GROUND RAISING THE ISSUE RELATING TO ASSESSEES CLAIM FOR THE CREDIT OF TCS AMOUNTING TO RS. 2,78,212/-. HE HAS URGED THAT THIS ADDITIONAL GROUND MAY BE ADMITTED AND AO MAY BE DIRECTED TO ALLOW THE CLAIM OF THE ASSESSEE FOR CREDIT ON ACCOUNT OF TCS AFTER NECESSARY VERIFICATION. SINCE THE LEARNED DR HAS NOT RAISED ANY OBJECTION IN THIS REGARD, I ADMIT THE ADDITIONAL GROUND RAISED BY THE ASSESSEE AND REMIT THIS MATTER TO THE ASSESSING OFFICER WITH THE DIRECTION TO CONSIDER AND ALLOW THE CLAIM OF THE ASSESSEE FOR CREDIT ON ACCOUNT OF TCS AFTER NECESSARY VERIFICATION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH SEPTEMBER, 2018. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER DATED: 12/09/2018 BISWAJIT, SR. PS 3 I.T.A. NO. 136/KOL/2018 A.Y. 2013-14 VICKY JAISWAL COPY OF ORDER FORWARDED TO: 1. SHRI VICKY JAISWAL, 92/1, G.T. ROAD, GULPATTI, CHAMPDANI, HOOGHLY. 2. ITO WARD 23(1), HOOGHLY. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA