M/s Atul Generators (P) Ltd., Agra V. A.C.I.T., Circle-4(1), Agra

ITA 217/AGR/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67434 (ITAT-AGRA)
• Duration Of Justice: 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2013
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 07-08-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 18-06-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S D SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO. 217/AGRA/ 2013 ASSESSMENT YEAR 2009-2010 M/S. ATUL GENERATOR (P) LTD. VS. ACIT, CIRCLE-4(1) , 13/22, INDUSTRIAL ESTATE, AGRA. AGRA (PAN AACCA 4170 C) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SAHIB P. SATSANGEE, C.A. REVENUE BY : SHRI S.D.SHARMA, JR. D.R.. DATE OF HEARING : 07.08.2013 DATE OF PRONOUNCEMENT : 08.08.2013 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE LD. CIT(A)-II, AGRA DATED 10.04.2013 FOR A.Y. 2009-10, CHALLENGING THE ADDITION OF RS.2,05,000/- OUT OF VARIOUS EXPENSES. 2. THE A.O. DISALLOWED RS.4,10,000/- OUT OF VARIOU S EXPENSES BY OBSERVING THAT SOME OF THE VOUCHERS WERE SELF MADE AND WAS NOT FULLY VERIFIABLE. THE ASSESSEE SUBMITTED A COMPARATIVE CH ART BEFORE LD. CIT(A) TO SHOW THAT EXPENSES HAVE NOT BEEN INFLATED AND REASO NABLE CLAIM OF THE ITA NO.217 /AGRA/2013, A.Y. 2009-10 2 DEDUCTION HAVE BEEN MADE. THE LD. CIT(A) RESTRICTED THE DISALLOWANCE TO 50% AND GRANTED RELIEF TO ASSESSEE OF A SUM OF RS.2 ,05,000/-. 3. ON CONSIDERATION OF RIVAL SUBMISSION, WE ARE OF THE VIEW THAT THE ADDITION IS STILL ON EXCESSIVE SIDE. THE ASSESSEE I S A COMPANY AND FILED RETURN OF INCOME AT RS.54,79,700/-. THE A.O. HAS NOT GIVEN SPECIFIC REASON FOR MAKING DISALLOWANCES. THE ASSESSEE HAS FILED THE CH ART TO SHOW THAT EXPENSES HAVE NOT BEEN UNREASONABLY INFLATED, THERE FORE, CONSIDERING THE FACTS OF THE CASE AND THE RETURN OF INCOME FILED BY THE ASSESSEE AND THE OBJECTION OF THE A.O. IT WOULD BE REASONABLE AND AP PROPRIATE TO RESTRICT THE DISALLOWANCE TO RS.1,00,000/- IN ALL OUT OF DISALLO WANCE OF VARIOUS EXPENSES. THE ASSESSEE WOULD BE ENTITLED FOR RELIEF OF RS.1,0 5,000/-. 4. IN THE RESULT, ORDERS OF THE AUTHORITIES BELOW A RE MODIFIED AND ADDITION IS MAINTAINED AT RS.1,00,000/- ONLY. APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT.) SD/- SD/- (A.L. GEHLOT) (BHAV NESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AMIT/ ITA NO.217 /AGRA/2013, A.Y. 2009-10 3 COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, AGRA TRUE COPY