Sindhuja Hospitals, Trichy V. ACIT Circle 1, Trichy

ITA 2574/CHNY/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 9522 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 04-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 133A

Judgement Text

आयकर अपीलीय अिधकरण ‘बी’ ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय -ी महावीर िसंह, उपा34 एवं माननीय -ी मनोज कु मार अ9वाल ,लेखा सद< के सम4। BEFORE HON’BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकर अपील सं./ ITA No.2574/Chny/2018 (िनधाEरण वषE / Assessment Year: 2014-15) M/s. Sindhuja Hospitals No.151-G, Madurai Road, Manaparai Post, Trichy-621 306. बनाम/ V s. ACIT Circle-1, Trichy. थायी लेखा सं./जीआइ आर सं./P AN /GI R No . AAS F S -2 0 8 3 -B (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ की ओरसे/ Appellant by : Shri N.Arjunraj (C.A)-Ld. AR थ की ओरसे/Respondent by : Shri P.Sajit Kumar (Addl.CIT)-Ld. DR सुनवाई की तारीख/ Date of Hearing : 25-01-2022 घोषणा की तारीख / Date of Pronouncement : 31-01-2022 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by confirmation of addition of Rs.40,57,451/-, the assessee is in further appeal before us. The impugned order has been passed by Ld. Commissioner of Income Tax-1, Tiruchirapalli [CIT(A)] on 25.07.2018 in the matter of assessment framed by Ld. Assessing Officer u/s 143(3) r.w.s. 147 on 30.12.2016. 2. Facts leading to addition are that during survey u/s 133A on 07.05.2014, salary acquittance registers as maintained by the assessee ITA No.2574/Chny/2018 - 2 - were verified. The assessee claimed salary expenses of Rs.166.65 Lacs in the return of income. However, as per register the total expenditure on salary worked out to be Rs.116.94 Lacs. Accordingly, Ld. AO proceeded to add the differential of Rs.49.70 Lacs to the income of the assessee. The assessee controverted the stand of Ld. AO by submitting that as per salary folder impounded during survey at serial no. 54, total salary payments work out to be Rs.157.52 Lacs and therefore the same was to be accepted. However, finding that the salary folder did not contain signatures of staff members and further, the said amount was not considered for the purpose of computing provident fund liability, Ld. AO rejected the plea of the assessee and added the differential to the income of the assessee. It could be seen that instead of adding Rs.49,70,294/-, Ld. AO has added only an amount of Rs.40,57,451/- while computing the income of the assessee. The stand of Ld. AO, upon confirmation by Ld. CIT(A), is in further challenge before us. 3. Having considered material facts, it could be seen that aggregate salary as per document found by the survey team was Rs.157.52 Lacs. These registers were maintained by the assessee in normal course of business and were part of day-to-day records of the assessee. Therefore, unless contrary was shown, the content of these documents were to be accepted to be true. Further, no efforts have been made by Ld. AO to confirm the authenticity of these payments from payees. Therefore, the amount of Rs.1,57,52,306/- was to be accepted as true salary payment. Therefore, we direct Ld. AO to restrict the addition to the extent of Rs.9,12,843/- (Rs.1,66,65,149/- Less Rs.1,57,52,306/-). The balance addition stand deleted. ITA No.2574/Chny/2018 - 3 - 4. The appeal stands partly allowed in terms of our above order. Order pronounced on 31 st January, 2022. Sd/- (MAHAVIR SINGH) उपा34 /VICE PRESIDENT Sd/- (MANOJ KUMAR AGGARWAL) लेखा सद< / ACCOUNTANT MEMBER चे+ई / Chennai; िदनांक / Dated : 31-01-2022 EDN/- आदेश की Xितिलिप अ 9ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आयु (अपील)/CIT(A) 4. आयकर आयु /CIT 5. िवभागीय ितिनिध/DR 6. गाड फाईल/GF