CANARA TOURS & TRAVELS P LTD, MUMBAI V. I.T.O.8(1)-2, MUMBAI

ITA 1760/MUM/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83471 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 03-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A
• Assessee Lawyers: RAHUL K HAKANI
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ./I.T.A. NO. 1760/M/2011 ( AY: 2006 - 20 07 ) CANARA TOURS & TRAVELS P LTD., NO.2, SRUSTI COMPLEX, OPP. L & T GATE NO.7, SAKI VIHAR ROAD, POWAI, MUMBAI 400 076. / VS. ITO 8(1)2, AAYAKAR BHAVAN, MUMBAI 400020. ./ PAN : AABCC 8027 B ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI RAHUL K HAKANI / RESPONDENT BY : SHRI R.A. PANT / DATE OF HEARING :5 .8.2014 / DATE OF PRONOUNCEMENT :5 .8.2014 / O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE ASSESSEE ON 3.3.2011 IS AGAINST THE ORDER OF THE CIT (A) - 16, MUMBAI DATED 23.12.2010 FOR THE ASSESSMENT YEAR 2006 - 2007. 2. IN THIS APPEAL, ASSESSEE RAISED THE FOLLOWING EFFECTIVE GROUND WHICH READS AS UNDER: ON THE FACTS AND IN THE CIRCUMSTA NCES OF THE CASE AND IN LAW, THE LD CIT (A) HAS ERRED IN CONFIRMING THE ACTION OF AO IN MAKING ADDITION OF INCOME WHICH IS NOT RELATED TO THE A S SE SSEE AT ALL EVEN AFTER GIVING FU LLY RECONCILED TDS AND INCOME ACCOUNT. THE REASONS ASSIGNED BY HIM FOR DOING THE SAME ARE WRONG AND INSUFFICIENT. 3. THE LIMITED ISSUE RAISED IN THIS APPEAL RELATES TO THE RECONCILIATION OF TDS PAYMENT AND THE INCOME PARTICULARS. IN THIS REGARD, IT IS THE CLAIM OF THE AO THAT THE AMOUNTS TO THE EXTENT OF RS. 5,41,316/ - BEING COMM ISSION / HANDLING CHARGES NOT DISCLOSED IN THE P & L ACCOUNT. DETAILS ARE DESCRIBED IN PAGE 6 OF THE ASSESSMENT ORDER. THE LIST CONTAINS 21 ITEMS INVOLVING FOUR PARTIES NAMELY (I) JET 2 AIRWAYS INDIA LTD; (II) L.K. FOREX LIMITED; (III) INDIAN AIRLINES LTD AND (IV) WEIZMANN FOREX LIMITED. IN THIS CONNECTION, LD COUNSEL FOR THE ASSESSEE MENTIONED THAT THE ASSESSEE FILED VARIOUS TDS CERTIFICATES WHICH ARE PLACED IN THE PAPER BOOK BEFORE THE CIT (A) AND THE SAME WERE NOT REMANDED TO THE AO BEFORE COMPLETION OF THE HEARING. FURTHER, HE MENTIONED THAT THE DATES AND THE AMOUNTS APPEARING ON THE SAID PAGE 6OF THE ASSESSMENT ORDER ARE NOT PROPER AND THEY DEFERRED ENTIRELY TO THE TDS CERTIFICATES RECEIVED BY THE ASSESSEE FROM THE SAID PARTIES. IN THIS REGARD, HE ME NTIONED THAT THESE PAPERS ARE REQUIRED TO BE REMANDED TO THE FILE OF THE AO FOR A FRESH EXAMINATION AND ADJUDICATION. THEREFORE, HE REQUESTED THE ORDER OF THE CIT (A) MAY BE SET ASIDE AND THE ISSUE BE REMANDED TO THE FILE OF THE AO. 4. ON THE OTHER HAND, LD DR HAS NO OBJECTION IN THIS REGARD. 5. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE ORDERS OF THE REVENUE AUTHORITIES AS WELL AS THE RELEVANT MATERIAL PLACED BEFORE US. ON HEARING BOTH THE PARTIES AND ALSO AFTER GOING THROUGH THE CONTENTS OF THE IMPU GNED ORDER, WE ARE OF THE OPINION THAT IT IS A FIT CASE FOR REMANDING THE MATTER. WE ORDER ACCORDINGLY. AO SHALL GRANT A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. ACCORDINGLY, GROUND RAISED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE S. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH AUGUST, 2014. S D / - S D / - (AMIT SHUKLA) (D. KARUNAKARA RAO ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; 5 /08/2014 . . ./ OKK , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 3 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI