Mahi Granites Pvt. Ltd., Hyd, Hyderabad V. DCIT, Circle-16(2), Hyd, Hyderabad

ITA 1416/Hyd/2015

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7370 (ITAT-HYDERABAD)
• Duration Of Justice: 5 year(s) 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 12-07-2021
• Assessment Year: 2010-2011
• Appeal Filed On: 16-12-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1416/HYD/2015 ASSESSMENT YEAR: 2010-11 M/S.MAHI GRANITES PRIVATE LIMITED, HYDERABAD [PAN: AADCM9422A] VS DY.COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A.SRINIVAS, AR FOR REVENUE : SHRI ROHIT MUJUMDAR, DR DATE OF HEARING : 12-07-2021 DATE OF PRONOUNCEMENT : 17-08-2021 O R D E R PER S.S.GODARA, J.M. : THIS ASSESSEES APPEAL FOR AY.2010-11 ARISES FROM TH E CIT(A)-4, HYDERABADS ORDER DATED 14-09-2015 PASSED IN CASE NO.0046/2013-14/ACIT,CIR.16(2)/CIT(A)-4/HYD/2015-16 , IN PROCEEDINGS U/S.143(3) OF THE INCOME TAX ACT, 1961 [I N SHORT, THE ACT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT THIS ASSESSEES INSTANT APPEAL SUFFERS FROM 01 DAY DELAY STATED TO BE ATTRIBUTAB LE TO THE REASON(S) BEYOND ITS CONTROL AS PER THE CONDONATION ITA NO. 1416/HYD/2015 :- 2 -: PETITION/AFFIDAVIT. NO REBUTTAL HAS COME FROM THE DEPARTM ENTAL SIDE. THE IMPUGNED DELAY IS CONDONED THEREFORE. 3. THE ASSESSEE HAS RAISED THE FOLLOWING SUBSTANTIVE GROUNDS IN THE INSTANT APPEAL: 1.THE ORDER OF THE APPELLATE COMMISSIONER IS CONTR ARY TO LAW, FACTS AND CIRCUMSTANCES OF THE CASE. 2.THE APPELLATE COMMISSIONER OUGHT NOT TO HAVE CONF IRMED THE ADDITION OF RS.15,44,987/- MADE ON ACCOUNT OF DIFFE RENCE IN EXPORT SALES. 3.THE APPELLATE COMMISSIONER OUGHT NOT TO HAVE CONF IRMED THE ADDITION OF RS.50,805/- MADE ON ACCOUNT OF COMMISSI ON. 4.THE APPELLATE COMMISSIONER OUGHT NOT TO HAVE CONF IRMED THE ADDITION OF RS.3,69,285/- MADE ON ACCOUNT OF DONATI ONS. 5.THE APPELLATE COMMISSIONER OUGHT NOT TO HAVE CONF IRMED THE ADDITION OF RS.84,02,283/- MADE ON ACCOUNT OF TRAVE LLING EXPENDITURE. 6.ANY OTHER GROUND WHICH THE ASSESSEE MAY URGE EITH ER AT OR BEFORE THE DATE OF HEARING. 4. LEARNED COUNSEL IS FAIR ENOUGH IN NOT PRESSING FO R THE ASSESSEES FIRST AND FOREMOST SUBSTANTIVE GRIEVANCE QUA ADDITION ON ACCOUNT OF DIFFERENCE IN EXPORT SALES. REJ ECTED ACCORDINGLY. 5. NEXT COMES THE ASSESSEES THIRD TO FIFTH SUBSTANTIVE GROUNDS QUA DISALLOWANCE WITH THE COMMISSION, DONATIONS AND TRAVELLING EXPENSES (SUPRA). WE NOTICE AT THE OUTSET WITH THE ABLE ASSISTANCE OF BOTH THE PARTIES THAT THE INSTANT LIS HAS EMANATED FROM A SURVEY DT.11-11-2009 FOLLOWED BY THE ASSESSEES ALLEGED AUDITED BOOKS WHEREIN THE LEARNED LOWER AUTHORITIES HOLD THAT THERE WAS NO TRIAL BALANCE FOUND. FACED WITH THIS SITUATION, WE DEEM IT APPROPRIATE TO RESTORE ALL THE THREE INSTANT REMAINING ISSUES BACK TO THE ASSESSING OFFICER TO RE-DO THE ENTIRE FACTUAL VERIFICATI ON AFRESH ITA NO. 1416/HYD/2015 :- 3 -: WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. THE ASSESSEE UNDERTAKES TO FILE ALL THE NECESSARY DETAILS; AT ITS OWN RISK AND RESPONSIBILITY BEFORE THE ASSESSING OFFICER ON OR BE FORE 30-11- 2021. ORDERED ACCORDINGLY. 6. THIS ASSESSEES APPEAL IS TREATED AS PARTLY ALLOWE D FOR STATISTICAL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH AUGUST, 2021 SD/- SD/- (LAXMI PRASAD SAHU) (S.S.G ODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 17-08-2021 TNMM ITA NO. 1416/HYD/2015 :- 4 -: COPY TO : 1.M/S.MAHI GRANITES PRIVATE LIMITED, PLOT NO.51, SA GAR SOCIETY, ROAD NO.2, BANJARA HILLS, HYDERABAD. 2.THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD. 3.CIT(APPEALS)-4, HYDERABAD. 4.CIT-6, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.