U.Srilakshmi, Trichy V. DCIT, Trichy

ITA 15/CHNY/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 5023 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 30-05-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 06-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S SRIVATSAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH A BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI GEORGE MATHAN, JUDICIAL MEMBER I.T.A. NO. 15/MDS/2010 ASSESSMENT YEAR : 2006-07 U. SRILAKSHMI, 25, PANDAMANGALAM AGRAHARAM, WORAIYUR, TRIHCY-620 003. PAN AAFPU 4705 R VS. THE ASST. COMMISSIONER OF INCOME-TAX, 4 WILLIAM ROAD, TRICHY-620 001. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S. SRIVATSAN RESPONDENT BY : SHRI SHAJI P. JACOB O R D E R PER DR. O.K.NARAYANAN, VICE PRESIDENT THIS APPEAL IS FILED BY THE ASSESSEE. THE RELEVAN T ASSESSMENT YEAR IS 2006-07. THE APPEAL IS DIRECT ED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS) A T TIRUCHIRAPPALLI DATED 29.11.2009 AND ARISES OUT OF THE ASSESSMENT COMPLETED UNDER SEC.143[3] OF THE INCOME-TAX ACT, 1 961. ITA 15/10 :- 2 -: 2. THE ISSUE RAISED IN THIS APPEAL IS REGARDING CAS H PAYMENTS MADE IN EXCESS OF LIMIT PRESCRIBED UNDER SEC.40A(3) . THE ASSESSING OFFICER HAS MADE SUCH CASES OF PAYMENTS E XCEEDING THE LIMIT BY AGGREGATING THE PAYMENTS MADE BY THE A SSESSEE. THERE IS NO CASE THAT THE ASSESSEE HAS MADE SUCH IN DIVIDUAL PAYMENTS. 3. THE VERY SAME ISSUE WAS CONSIDERED IN ASSESSEES OWN CASE FOR EARLIER ASSESSMENT YEAR 2005-06. RELYING ON THE JUDGMENT OF THE HON'BLE MADRAS HIGH COURT IN THE CA SE OF COMMISSIONER OF INCOME-TAX V. KOTHARI SANITATION A ND TILES P. LTD. (282 ITR 117), THE TRIBUNAL HELD THAT THE LIMI T CANNOT BE EXAMINED AFTER AGGREGATING INDIVIDUAL PAYMENTS. IT IS POSSIBLE TO MAKE SUCH AGGREGATES ONLY AFTER 1 ST APRIL, 2009 FOR WHICH AMENDMENT HAS BEEN MADE IN THE ACT. THIS PERIOD IS PRIOR TO THE AMENDMENT. THEREFORE, THE EARLIER DECISION OF THE TRIBUNAL IN ITA NO.160/MDS/2009 DATED 23.12.2010 APPLIES TO THE PRE SENT CASE. IN VIEW OF THAT, WE DIRECT THE ASSESSING OFFICER TO DELETE THE ADDITION MADE UNDER SEC.40A(3). 4. IN RESULT, THE APPEAL FILED BY THE ASSESSEE IS A LLOWED. ITA 15/10 :- 3 -: ORDER PRONOUNCED ON MONDAY, THE 30 TH DAY OF MAY, 2011 AT CHENNAI. SD/- SD/- (GEORGE MATHAN) JUDICIAL MEMBER (DR. O.K.NARAYANAN) VICE-PRESIDENT CHENNAI, DATED : 30 TH MAY, 2011 MPO* COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR