A.L.Sivarevathi, Coimbatore V. ACIT, Coimbatore

ITA 1566/CHNY/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8196 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2017
• Appeal Filed By: Assessee
• Bench Allotted: C
• Next Hearing Date: 30-11-2016
• Assessment Year: 2012-2013
• Appeal Filed On: 30-05-2016
• Court: TRIBUNAL
• Department Lawyers: MR SHIVA SRINIVASJCIT
• Assessee Lawyers: K G RAGHUNATH

Judgement Text

, C/ SMC , IN THE INCOME TAX APPELLATE TRIBUNAL C /SMC BENCH, CHENNAI . , BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ./ I.T.A.NO.1566 /MDS./2016 ( / ASSESSMENT YEAR :2012-13) SMT.A.L.SIVAREVATHI , 1-B,ESR CASTLE, MARUTHA NAGAR, THONDAMUTHUR ROAD, VADAVALLI, COIMBATORE 641 041. VS. THE ACIT, NON CORPORATE CIRCLE -4, COIMBATORE. PAN AVTPS 8646 L ( / APPELLANT ) ( / RESPONDENT ) ! ' # / APPELLANT BY : MR.K.G.RAGHUNATH,ADVOCATE $% ! ' # / RESPONDENT BY : MR. MR.SHIVA SRINIVAS,JCIT, D.R & ' ' ( ) / DATE OF HEARING : 30.11.2016 *+ ' ( ) /DATE OF PRONOUNCEMENT : 09.01.2017 / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY THE ASSESSEE, AGGRIEVED BY THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(A)-3, COIMBATORE DATED 29.02.2016 PERTAINING TO ASSESSMENT YEAR 2012-13.. 2. THE ONLY GROUND IN THIS APPEAL IS WITH REGARD T O NON-GRANTING OF DEDUCTION OF ` 9,32,942/- WHICH WAS PAID AS COMMISSION TO M/S.TA MILNADU HORTICULTURAL ITA NO.1566/MDS/2016 2 CO-OPERATIVE ENTERPRISES LIMITED (TANHOPE) BY INVOK ING THE PROVISIONS OF THE SECTION 40(A)(IA) OF THE ACT 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL ON RECORD. AT THE TIME OF HEARING, LD.A.R SUBMITTED THAT THIS AMOUNT WAS ALREADY PAID AND IT IS NOT OUTSTANDING AT THE END OF CLOSE OF THE FINANCIAL YE AR. ACCORDINGLY BY APPLYING MERILYN SHIPPING AND TRANSPORTS V. ADDL. CIT [2012] 16 ITR (TRIB) 1 (VISAKHAPATNAM) [SB] WHEREIN HELD THAT WHEN THE EXPENSES IS NOT OUTST ANDING AT THE END OF THE CLOSE OF THE FINANCIAL YEAR, PROVISIONS OF THE SECT ION 40(A)(IA) OF THE ACT CANNOT BE APPLIED. THE LD.D.R IS NOT ABLE TO POINT OUT THAT THE AMOUNT IS OUTSTANDING AT THE END OF THE FINANCIAL YEAR. THEREFORE, WE ARE INCLIN ED TO ALLOW THE GROUND TAKEN BY THE ASSESSEE. 4. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWE D. ORDER PRONOUNCED ON 09 TH JANUARY, 2017 AT CHENNAI. SD/- ( ) ( CHANDRA POOJARI ) /ACCOUNTANT MEMBER CHENNAI, DATED THE 09 TH JANUARY, 2017 . K S SUNDARAM. , ' $(-. /.( / COPY TO: 1 . ! / APPELLANT 3. & 0( () / CIT(A) 5. .3 4 $(5 / DR 2. $% ! / RESPONDENT 4. & 0( / CIT 6. 4 6 7 ' / GF