MAGOXY INFRA P.LTD, MUMBAI V. DCIT CIR 10(2)(2), MUMBAI

ITA 1439/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5831 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2013-2014
• Appeal Filed On: 01-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH I, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.1439/M/2017 ASSESSMENT YEAR: 2013-14 M/S. MAGOXY INFRA PVT. LTD., 105, SAGAR PALLAZIO,, SAKINAKA, MUMBAI 400 072 PAN: AAECM7914L VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 10(2)(2), MUMBAI (APPELLANT) (RE SPONDENT) PRESENT FOR: ASSESSEE BY : SHRI RAKESH JOSHI, A.R. REVENUE BY : SHRI SAURABHKUMAR RAI, D.R. DATE OF HEARING : 04.07.2018 DATE OF PRONOUNCEMENT : 17.07.2018 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSES SEE AGAINST THE ORDER DATED 24.01.2017 OF THE COMMISSIONE R OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS TH E CIT(A)] RELEVANT TO ASSESSMENT YEAR 2013-14. 2. THE ONLY ISSUE RAISED BY THE ASSESSEE IN THIS AP PEAL IS AGAINST THE CONFIRMATION OF DISALLOWANCE OF COMMISS ION EXPENSES OF RS.8,30,000/- AS MADE BY THE AO QUA UNSUBSTANTIATED PAYMENT. 3. AT THE OUTSET, THE LD. A.R. SUBMITTED BEFORE THE BENCH THAT THE LD. CIT(A) HAS DECIDED THE ISSUE WITHOUT CO NSIDERING ITA NO.1439/M/2017 M/S. MAGOXY INFRA PVT. LTD. 2 THE EVIDENCES FURNISHED BY THE ASSESSEE IN SUPPORT OF ITS CLAIM AND MERELY RELYING ON THE FACT THAT THE ASSESSEE HA S NOT CHALLENGED THE SIMILAR ADDITIONS IN THE PRECEDING Y EAR WHERE THE ASSESSEE FAILED TO PROVE THE GENUINENESS OF THE COMMISSION PAYMENTS. THE LD. A.R. CONTENDED THAT THE LD. CIT(A) HAS DISMISSED THE APPEAL BY PASSING A VERY C RYPTIC ORDER AND REQUESTED THE BENCH TO RESTORE THE ISSUE TO THE FILE OF THE AO SO THAT ALL THESE EVIDENCES WHICH THE ASS ESSEE FILED MAY BE CONSIDERED AND MATTER IS DECIDED ACCORDINGLY ON MERITS OF THE CASE. 4. THE LD. D.R., ON THE OTHER HAND, RELIED ON THE ORDE R OF LD. CIT(A). 5. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RELEVANT MATERIAL PLACED BEFORE US AND ALSO THE PERUSAL OF T HE IMPUGNED ORDER, WE FIND THAT THE LD. CIT(A) HAS JUST RELIED ON THE PRECEDING YEAR ORDER OF THE LD. CIT(A) WHERE THE ASSESSEE HAS NOT CHALLENGED THE ORDER OF LD. CIT(A) ON SIMILA R ISSUE. ON THE SAME ANALOGY, THE LD. CIT(A) DISMISSED THE AP PEAL OF THE ASSESSEE IN THE CURRENT YEAR ALSO WITHOUT TAKIN G INTO ACCOUNT THE EVIDENCES WHICH WERE FILED BY THE ASSES SEE IN SUPPORT OF ITS CLAIM. UNDER THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE ISSUE AT HAND NEEDS TO BE DECIDED DEN OVO AFTER APPRECIATION AND EXAMINATION OF THE EVIDENCES WHICH THE ASSESSEE HAS FILED BEFORE THE FIRST APPELLATE AUTHO RITY. ACCORDINGLY, WE RESTORE THE ISSUE BACK TO THE FILE OF THE AO WITH THE DIRECTION TO DECIDE THE SAME AFTER TAKING INTO ACCOUNT ITA NO.1439/M/2017 M/S. MAGOXY INFRA PVT. LTD. 3 THE EVIDENCES WHICH THE ASSESSEE MAY FILE IN SUPPOR T OF ITS CLAIM OF COMMISSION EXPENSES AS PER FACTS AND LAW. 6. ACCORDINGLY, APPEAL OF THE ASSESSEE IS ALLOWED FO R STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 17.07.2018. SD/- SD/- (MAHAVIR SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 17.07.2018. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY /ASSTT. REGISTRAR, ITAT, MUMBAI.