M/S G.S Malhotra, Ramgarh V. ACIT,Circle-2(1), Hazaribagh

ITA 233/RAN/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9728 (ITAT-RANCHI)
• Duration Of Justice: 8 month(s) 17 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 18-07-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: INDERJEET SINGH
• Section: 143(3); 201; 22; 20

Judgement Text

1 ITA NO . 233/RAM18 A.Y 201 5 - 16 M/S. G.S MALHOTRA PAGE 1 IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI (BEFORE SHRI S. S. GODARA , J.M. & DR.A.L.SAINI, A.M.) IT A NO. 233 /RAN/1 8 : ASSTT. YEAR : 20 1 5 - 16 M/S. G.S MALHOTRA PAN: AAHFG7837Q VS ACIT, CIR - 2(1) , H BAGH (APPELLANT) (RESPONDENT ) APPELLANT/ ASSESSEE BY : SHRI DEVESH PODDAR, ADVOCATE, LD.AR RESPONDENT/ DEPARTMENT BY : SHRI IND E R JEET SINGH, CIT/ LD.DR DATE OF HEARING : 11 - 01 - 2019 DATE OF PRONOUNCEMENT: 22 - 0 2 - 2019 ORDER PER BENCH : THE CAPTIONED APPEAL FILED BY THE ASSESSEE, PERTAINING TO ASSESSMENT YEAR 2015 - 16, IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME - TAX (APPEALS), HAZARIBAGH, DATED 10 - 05 - 2018, WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE AS SESSING OFFICER U/S. 143(3) OF THE INCOME - TAX ACT, 1961 (IN SHORT, THE ACT),DATED 29 - 11 - 2017. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECORD. WE FIND THAT THE LD. CIT(A) IN THIS CASE HAD MADE DISALLOWANCE @ 5 % UNDER THE HEAD SITE AND M ISCELLANEOUS EXPENSE S AS AGAINST 10% MADE BY THE AO . THE LD. CIT(A) RESTRICTED THE SAME AT 5%. SIMILAR DISALLOWANCE WAS MADE BY THE ITAT, RANCHI IN VARIOUS CASES AT 6% ON IDENTICAL ISSUE . KEEPING IN VIEW OF THE SAME AND VARIOUS JUDICIAL 2 ITA NO . 233/RAM18 A.Y 201 5 - 16 M/S. G.S MALHOTRA PAGE 2 PRONOUNCEMENTS ON SIMILAR ISSUE HELD BY THE ITAT , WE RESTRICT THE SAME AT 6% ( RS. 67,43,378 X 6%, RS. 4,04,600/ - ) AS AGAINST 5% BY THE LD.CIT(A) . THUS, THE ASSESSE E GETS RELIEF O F RS.4,04,600/ - . GROUNDS RAISED BY THE ASSESSE ARE PARTLY ALLOWED. 3 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSE E IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 - 0 2 - 2019 SD/ - SD/ - ( S. S. GODARA ) (DR. A.L.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22 - 0 2 - 2019 *PRADIP (SR.PS) COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT/ ASSESSEE: M/S G.S MALHOTRA, GORIARY BIJULIA, RAMGARH - 829112. 2 THE RESPONDENT/ DEPARTMENT : ACIT , CIRCLE - 2(1), AAYKAR BHA WAN, HAZARIBAG - 825301. 3. THE CIT - , 4. THE CIT(A) - , 5. DR, RANCHI BENCHES, RANCHI TRUE COPY, BY ORDER, ASSISTANT REGISTRAR / SENIOR P.S ITAT, RANCHI BENCHES