Gurucharan Singh Engineers Pvt. Ltd., New Delhi V. DCIT, New Delhi

ITA 1525/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7334 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 21-03-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI B BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE , JUDICIAL MEMBER ITA NO. 1 525 /DEL/20 1 6 [A.Y 20 1 1 - 1 2 ] GURCHARAN SINGH ENGINEERS [P] LTD VS. THE DY. C.I.T B - 11, KAILASH COLONY CIRCLE 12(1) NEW DELHI NEW DELHI PAN : AACCG 9515 B [APPELLANT] [RESPONDENT] DATE OF HEARING : 14 . 0 1 .201 9 DATE OF PRONOUNCEMENT : 1 4 . 0 1 .201 9 ASSESSEE BY : SHRI D.C. AGRAWAL SHRI R.N. POONIA, ADVS REVENUE BY : MS. ASHIMA NEB , SR. DR ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST THE ORDER OF THE CIT(A) - 1 6 , NEW DELHI DATED 0 8 .0 1 . 201 6 PERTAINING TO A.Y 20 1 1 - 1 2 . 2 2. THE SOLITARY GRIEVANCE RAISED BY THE ASSESSEE IS THAT THE CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS. 51 , 28 , 031 / - BEING 15% OF THE WAGE EXPENSES. 3. FACTS ON RECORD SHOW THAT THE ASSESSEE - COMPANY IS ENGAGED IN THE BUSINESS OF CIVIL CONSTRUCTION. DURING THE COURSE OF SCRUTINY ASSESSMENT PROCEEDINGS, THE ASSESSING OFFICER NOTICED THAT THE ASSESSEE HAS CLAIMED EXPENSES ON ACCOUNT O F WAGES AT RS. 3,41,86,878/ - . THE ASSESSEE WAS ASKED TO FURNISH THE DETAILS OF THESE EXPENSES. ON EXAMINATION, THE ASSESSING OFFICER FOUND THAT THE REGISTER FOR PAYMENT OF WAGES HAS BEEN PREPARED IN ONE SITTING AND THE SIGNATURE/THUMB IMPRESSION OBTAINED THEREON INVOLVING FOUR OR FIVE PERSONS ONLY. THE ASSESSING OFFICER WAS OF THE FIRM BELIEF THAT THE BOOKS OF ACCOUNT HAVE BEEN MANIPULATED BY INFLATING PAYMENT OF WAGES AND , ACCORDINGLY , DISALLOWED 15% OF THE WAGE EXPENDITURE AND MADE ADDITION OF RS. 51,28 ,031/ - . 4. THE ASSESSEE CARRIED THE MATTER BEFORE THE CIT(A), BUT WITHOUT ANY SUCCESS. 3 5. BEFORE US, THE LD. AR STATED THAT THE ASSESSEE HAS SHOWN BETTER RESULTS DURING THE YEAR UNDER CONSIDERATION AND IT IS INCORRECT TO SAY THAT THE WAGE REGISTER WAS MANIPULATED. IT IS THE SAY OF THE LD. AR THAT THE ADDITION IS UNWARRANTED AND DESERVES TO BE DELETED. 6. PER CONTRA, THE LD. DR STRONGLY SUPPORTED THE FINDINGS OF THE LOWER AUTHORITIES. 7. WE HA VE CAREFULLY CONSIDERED THE ORDERS OF THE AUTHORITIES BELOW. SUMMARY OF THE PROFIT AND LOSS ACCOUNT FOR THE FIVE YEARS CAN BE UNDERSTOOD FROM THE FOLLOW ING CHART: S L . PARTICULARS FY 2 009 - 10 FY 2010 - 11 FY 2011 - 12 FY 2012 - 13 FY 2013 - 14 1 TURNOVER 429.66 1,557.69 721.73 1,368.63 1,914.91 2 GROSS PROFIT 79.32 210.75 164,07 288.59 328.47 GP RATIO 18.46 13.53 22.73 20.78 17.15 3 NET PROFIT 18.91 72.12 42.77 82.78 113.61 N P RATE 4.40 4.63 5.93 5.96 5 .93 4 LABOUR CHARGES 197.65 596,19 339,44 645.77 709.37 5 LABOUR RATIO 46.00 38.27 47.03 46.50 37.04 4 8. FROM THE ABOVE CHART, IT CAN BE SEEN THAT THE N.P. OF THE ASSESSEE FOR THE YEAR UNDER CONSIDERATION IS BETTER THAN THAT OF THE IMMEDIATELY PRECEDING A.Y. FURTHER, THE TURNOVER HAS INCREASED THREE FOLD AND TH E LABOUR RATIO HAS DECLINED FROM 46% TO 38.27%. THESE FACTS DISPROVE THE ALLEGATION OF THE REVENUE THAT THE LABOUR REGISTER IS MANIPU LATED. BE THAT AS IT MAY, THE DISCREPANCY IN THE LABOUR REGISTER CANNOT BE RULED OUT AND, THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, A DISALLOWANCE OF RS. 10 LAKHS SHOULD MEET THE ENDS OF JUSTICE. WE, ACCORDINGLY, DIRECT THE ASSESSING OFFICER T O RESTRICT THE DISALLOWANCE TO RS. 10 LAKHS. 9 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO. 1525 /DEL/201 6 IS PARTLY ALLOWED . THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 1 4 . 0 1 .201 9 . S D / - S D / - [ SUCHITRA KAMBLE ] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 4 T H JANUARY , 201 9 VL/ 5 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER