The Malegaon Sahakari Sakhar Karkhana Ltd, Pune V. Income-Tax Officer, Ward 14(1), Pune

ITA 188/PUN/2022

AI Insights

The case involves The Malegaon Sahakari Sakhar Karkhana Ltd., the appellant, contesting an order from the Commissioner of Income Tax (Appeals)-52, Mumbai, for the assessment year 2012-13. The primary issue was the confirmation of an addition made by the Assessing Officer (AO) regarding an accommodation entry. The AO had added an amount of Rs.9,83,850 to the total income of the assessee, suspecting the transactions through various bank accounts of M/s. Satyamitra Vyaparik Suraksha Seva Sahkarita Ltd. The CIT(A) initially confirmed this addition without considering the additional evidences submitted by the assessee. The Tribunal, upon reviewing the circumstances, decided to remand the case back to the CIT(A) for a thorough examination of the additional evidences and to make a decision accordingly.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 132818 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 09-01-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 30-03-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Additional evidence

Judgement Text

आयकर अपीलीय अधिकरण “ए” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.188/PUN/2022 धििाारण वर्ा / Assessment Year : 2012-13 The Malegaon Sahakari Sakhar Karkhana Ltd., A/P. Shivnagar, Tal.-Baramati, Distt.-Pune-413116 PAN : AAATT2982L .......अपीलार्थी / Appellant बिाम / V/s. The Income Tax Officer, Ward – 14(1), Pune ......प्रत्यर्थी / Respondent Assessee by : N O N E Revenue by : Shri Ramnath P. Murkunde सुनवाई की तारीख / Date of Hearing : 10-01-2023 घोषणा की तारीख / Date of Pronouncement : 11-01-2023 आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM : This appeal by the assessee against the order dated 23-03-2022 passed by the Commissioner of Income Tax (Appeals)-52, Mumbai [‘CIT(A)’] for assessment year 2012-13. 2. The assessee filed Email letter dated 07-01-2023 seeking adjournment to gather/collect the some further information and details of the society of the case for proper representation. The ld. DR submitted that the issues raised in grounds of appeal are covered by the orders of 2 ITA No.188/PUN/2022, A.Y. 2012-13 this Tribunal and opposed the adjournment letter. On perusal of the grounds raised in Form No. 36, we find force in the submissions of ld. DR that the issues raised in the present appeal are covered by the orders of this Tribunal. Therefore, the adjournment letter filed by the assessee is rejected and we proceed to hear the appeal with the assistance of ld. DR and pass order on the examination of material available on record. 3. The only issue is to be decided is as to whether the CIT(A) justified in confirming the addition made by the AO on account of accommodation entry taken by assessee. 4. We find the AO sought explanation from the assessee involving in financial transactions through various bank accounts of M/s. Satyamitra Vyaparik Suraksha Seva Sahkarita Ltd. The assessee did not offer any explanation with regard to the said transactions. The AO suspecting the said transactions and in the absence of any reply from the assessee, treated the same as accommodation entry. The AO added an amount of Rs.9,83,850/- to the total income of the assessee. Before the CIT(A) additional evidences were filed by the assessee in support of its claim. The CIT(A) did not accept the said additional evidences in view of the fact that no proper initiation taken by the assessee for submission of such additional evidences. Thus, it is clear that without considering the said additional evidences, the CIT(A) proceeded to confirm the addition made by the AO. In view of such facts and circumstances of the case, we deem it proper to remand the matter to the file of CIT(A) with a direction to examine such additional evidences and pass order, in accordance with law. The assessee is liberty to file evidences, if any, in support of its claim. Thus, the ground raised by the assessee is allowed for statistical purpose. 3 ITA No.188/PUN/2022, A.Y. 2012-13 5. In the result, the appeal of assessee is allowed for statistical purpose. Order pronounced in the open court on 11 th January, 2023. Sd/- Sd/- (Inturi Rama Rao) (S.S. Viswanethra Ravi) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; दिनाांक / Dated : 11 th January, 2023. रदव आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The CIT(A)-52, Mumbai 4. The PCIT-Central-2, Mumbai 5. दवभागीय प्रदतदनदि, आयकर अपीलीय अदिकरण, “ए” बेंच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गार्ड फ़ाइल / Guard File. //सत्यादपत प्रदत// True Copy// आिेशानुसार / BY ORDER, वररष्ठ दनजी सदचव / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune