TIMMS CORPORATE ALLIANCE & STRATEGIC MARKETING SERVICES, MUMBAI V. DCIT 15(3), MUMBAI

ITA 2710/MUM/2012

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0684 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-05-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 20-04-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 20-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGH
• Assessee Lawyers: D C JAIN
• Keywords: Rejection of books of accounts; Gift
• Section: 143(3); 145

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NO.2710/M/2012 ASSESSMENT YEAR: 2006-07 ITA NO.2711/M/2012 ASSESSMENT YEAR: 2006-07 M/S. TIMMS CORPORATE ALLIANCE & MARKETING SERVICES, C/O. D.C. JAIN & CO., 75, BOMBAY MUTUAL BLDG., 293, D.R. D.N. ROAD, FORT, MUMBAI 400 001 PAN: AABFT 6278M VS. DCIT 15(3), MATRU MANDIR, TARDEO, NANA CHOWK GRANT ROAD, MUMBAI - 400007 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI D.C. JAIN, A.R. REVENUE BY : SHRI ANUPAMA SINGH, D.R DATE OF HEARING : 20.04.2017 DATE OF PRONOUNCEMENT : 17.05.2017 O R D E R PER D.T. GARASIA, JUDICIAL MEMBER: THE ABOVE TITLED APPEALS HAVE BEEN PREFERRED BY TH E ASSESSEE FOR THE SAME ASSESSMENT YEAR AGAINST THE COMMON ORDER DATED 29.02.2012 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER R EFERRED TO AS THE CIT(A)]. 2. THE SHORT FACTS OF THE CASE ARE THAT THE ASSESSE E FIRM IS ENGAGED IN THE BUSINESS OF SELLING NOVELTY GIFT ARTICLES THROUGH C ATALOGUE AND THROUGH EXHIBITION AND TRADE FAIRS. THE RETURN OF INCOME O RIGINALLY WAS FILED BY THE ASSESSEE ON 31.10.06 DECLARING TOTAL INCOME OF RS.1 7,65,790/- ALONG WITH TAX AUDIT REPORT UNDER SECTION 44AB OF THE ACT. THE RE TURN WAS SELECTED FOR ITA NO.2710/M/2012 ITA NO.2711/M/2012 M/S. TIMMS CORPORATE ALLIANCE & MARKETING SERVICES 2 SCRUTINY. THE ASSESSEE SUBMITTED VARIOUS DETAILS F ROM TIME TO TIME TO ASSESSING OFFICER (HEREINAFTER REFERRED TO AS THE A O). THE AO HAS COMPLETED THE ASSESSMENT UNDER SECTION 143(3) DETERMINING THE TOTAL INCOME OF RS.65,75,545/- BY REJECTING THE BOOKS OF ACCOUNT UN DER SECTION 145 AND MAKING THE ADDITION/DISALLOWANCE OUT OF MAXIMUM ALL ADMINI STRATIVE EXPENSES STATING THAT NO VOUCHER WAS PRODUCED. THE ASSESSEE WENT IN APPEAL BEFORE LD. CIT(A) AND THE LD. CIT(A) HAS ALSO DISMISSED. 3. BEFORE US, THE LD. A.R. SUBMITTED THAT ASSESSEE SUBMITTED VARIOUS DETAILS WHICH WERE CALLED BY THE AO. THE ASSESSEE HAS ALSO SUBMITTED THE AFFIDAVIT OF ONE MR. M.V. KAMBLE WHO WAS WORKING AS AN ACCOUNTAN T WITH THE ASSESSEE AND HE WAS ATTENDING TO THESE TAX MATTERS. THE LD. A.R. SUBMITTED THAT ASSESSEE HAS SUBMITTED ALL THE DETAILS WHICH ARE FI LED BEFORE US BY WAY OF PAPER BOOK BY EXHIBIT NO.1 TO 169. HE FURTHER SUBMITTED THAT THE AO HAS REJECTED THE BOOKS OF ACCOUNTS ON THE GROUND THAT ASSESSEE H AS NOT SUBMITTED THE DETAILS. THE ASSESSEE DID SUBMIT THE DETAILS BUT ASSESSMENT ORDER WAS PASSED. THEREFORE, HE REQUESTED TO SEND THIS MATTER BACK TO THE FILE OF THE AO. 3. THE LD. D.R. FAIRLY CONCEDED THAT IF THE MATTER IS RESTORED TO AO, HE HAS NO OBJECTION. 4. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES. LOOKING TO THE FACTS AND CIRCUMSTANCES, WE FIND THAT THE ASSESSEE HAS SUBMITTED ALL THE DETAILS BEFORE THE AO AND THE SAME ARE FILED BEFORE US BY W AY OF PAPER BOOK BY EXHIBIT NO.1 TO 169. HOWEVER, THE AO PASSED THE OR DER WITHOUT LOOKING INTO THE DETAILS SUBMITTED BY THE ASSESSEE. AT THIS STA GE, WE ARE OF THE VIEW THAT SINCE THE ASSESSEE HAS REQUESTED TO RESTORE THE MAT TER TO THE AO AND LD. D.R. HAS NOT OBJECTED TO IT, WE DEEM IT FIT TO SEND THE MATTER BACK TO THE FILE OF THE AO FOR DENOVO ADJUDICATION. ITA NO.2710/M/2012 ITA NO.2711/M/2012 M/S. TIMMS CORPORATE ALLIANCE & MARKETING SERVICES 3 5. IN THE RESULT, BOTH THE APPEALS ARE ALLOWED BY W AY OF REMAND. ORDER PRONOUNCED IN THE OPEN COURT ON 17.05.2017. SD/- SD/- (N.K. PRADHAN) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 17.05.2017. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.