M/s Ranjeet Milling Industries, V. Income Tax Officer, 1, Jabalpur

ITA 174/JAB/2013

• Counselvise Citation: 17422914 RSA 2013
• Duration Of Justice: 1 year(s) 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 27-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUDHIR KUMAR
• Assessee Lawyers: DR H S MODH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, S.M.C., JABALPUR BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NO.174/JAB/2013 ASSESSMENT YEAR: 2006-07 M/S. RANJEET MILLING INDUSTRIES, VS. INCOME TAX OF FICER - I, MAHENDRA MULL ROAD, SAGAR (M.P.) TILAK GANJ, SAGAR (M.P.) (PAN: AAIFR 3192 G). (APPELLANT) (RESPONDENT) APPELLANT BY : DR. H.S. MODH RESPONDENT BY : SHRI SUDHIR KUMAR DATE OF HEARING : 24.09.2014 DATE OF PRONOUNCEMENT : 26.09.2014 ORDER BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS C HALLENGED THE CORRECTNESS OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)S O RDER DATED 22/02/2013 IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE IN COME TAX ACT, 1961 FOR THE A.Y. 2006-07. 2. THE SHORT POINT OF DISPUTE IS OF AN ADHOC DISALL OWANCE OF RS.12,000/- OUT OF SHOP EXPENSES. 2 ITA NO.174/JAB/2013 A.Y. 2006-07 3. THE ASSESSEE IS A SMALL TIME TRADER AND DURING T HE COURSE OF ASSESSMENT PROCEEDINGS IT WAS NOTICED BY THE ASSESSING OFFICER THAT WHILE THE ASSESSEE CLAIMED DEDUCTION FOR SHOP EXPENSE AT RS.48,477/- A LL THE EXPENSES ARE NOT PROPERLY VOUCHED. IT WAS FOR THIS REASON THE DISAL LOWANCE WAS MADE. AGGRIEVED, THE ASSESSEE CARRIED THE MATTER BEFORE THE LD. COMM ISSIONER OF INCOME TAX (APPEALS) BUT WITHOUT ANY SUCCESS. THE ASSESSEE ST ILL NOT SATISFIED IS IN SECOND APPEAL BEFORE US. 4. HAVING HEARD THE RIVAL CONTENTIONS AND PERUSED T HE MATERIAL ON RECORD, I AM OF THE CONSIDERED VIEW THAT THE DETAILS WHICH ARE S ET OUT IN THE STATEMENT OF LEDGER ACCOUNT, A COPY OF WHICH IS PLACED BEFORE ME AT PAG E NO.2 OF COMPILATION DO NOT CALL FOR ANY ADHOC DISALLOWANCE AS THE MAJOR EXPENS ES ARE INCURRED ON STAMP PAPER, MUNICIPAL FEES, AUDIT AND LEGAL FEES ETC. WHICH ARE PROPERLY VOUCHED. THERE ARE SOME SMALL EXPENSES LIKE DIWALI EXPENSES AND SUCH O THER EXPENSES FOR WHICH PROPER VOUCHERS ARE NOT AVAILABLE, BUT THEN THE INH ERENT NATURE OF THESE EXPENSES IS SUCH THAT SELF MADE VOUCHERS SHOULD NORMALLY SUFFIC E. IN VIEW OF THIS DISCUSSION AND BEARING IN MIND THE ENTIRETY OF THE CASE, I THI NK IT PROPER TO DELETE THE DISALLOWANCE MADE BY THE ASSESSING OFFICER. THE AS SESSEE GETS RELIEF ACCORDINGLY. 3 ITA NO.174/JAB/2013 A.Y. 2006-07 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS A LLOWED. PRONOUNCED IN THE OPEN COURT TODAY ON 26 TH DAY OF SEPTEMBER, 2014. SD/- (PRAMOD KUMAR) ACCOUNTANT MEMBER DATE: 26 TH SEPTEMBER, 2014 PBN/* COPY OF THE ORDER FORWARDED TO :- 1) APPELLANT 2) RESPONDENT 3) CIT (APPEALS) CONCERNED 4) CIT CONCERNED 5) D.R., ITAT, JABALPUR BENCH, JABALPUR 6) GUARD FILE. BY ORDER, ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, JABALPUR