Shant Kumar Bathwal, Ranchi V. ACIT CIR-3, Ranchi

ITA 296/RAN/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8829 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 27-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MONDAL
• Assessee Lawyers: S K BATHWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH (SMC) , RANCHI [BEFORE HONBLE S H RI J. SUDHAKAR REDDY ] I.T.A. NO. 296 /RAN/2016 ASSESSM ENT YEAR : 2013 - 14 SHANT KUMAR BATHWAL ............................. .......... ................... ...................... ........... .... APPELLANT S.K. BATHWAL & COMPANY, 301, SHRILOK COMPLEX, 4, H.B. ROAD, RANCHI 834 001. [PAN: ACCPB 1599 B ] ACIT CIR 3 ................... ......... ....................... .... ............ RESPONDENT REVENUE BUILDING, MAIN ROAD, RANCHI. APPEARANCES BY: SHRI S.K. BATHWAL , ADVOCATE APPEARING ON BEHALF OF THE A SSESSEE. SHRI P.K. MONDAL APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : FEBRUARY 22 , 2018 DATE OF PRONOUNCING THE ORDER : FEBRUARY 28 , 2018 ORDER PER J. SUDHAKAR REDDY, AM THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF CIT (APPEALS) RANCHI DATED 30.09 .2016 FOR THE ASSESSMENT YEAR 2013 - 14 . 2 . AFTER HEARING RIVAL CONTENTIONS, I FIND THAT THE ASSESSING OFFICER MADE A DISALLOWANCE UNDER SECTION 40(A)(IA) OF THE ACT. THE CASE OF THE ASSESSEE IS THAT THE EXPENDITURE IN QUESTION WAS CLAIMED UNDER SECTION 57 AND HENCE THE COMPUTATION OF INCOME UNDER THE HEAD INCOME FROM BUSINESS PROVISIONS UNDER T HE HEAD BUSINESS OF PROVISION I.E. SECTION 28 TO 44 OF THE ACT DO NOT APPLYING TO THE FACTS OF THE CASE. WE AGREE WITH THE PROPOSITION. SECTION 40(A)(IA) CANNOT BE 2 I.T.A. NO. 2 96 /RAN/2016 A.Y. 201 3 - 14 SHANT KUMAR BATHWAL APPLIED TO A CLAIM OF DEDUCTION U/S 57 OF THE ACT. THUS THIS GROUND OF THE ASSESSEE IS ALLOW ED AND THE DISALLOWANCE DELETED. 3 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH FEBRUARY, 2018 . SD/ - ( J. SUDHAKAR REDDY ) ACCOUNTANT MEMBER DATED: 28 /02 /201 8 BISWAJIT , SR. PS COPY OF ORDER FORWARDED TO: 1 . SHANT KUMAR BATHWAL, S.K. BATHWAL & COMPANY, 301, SHRILOK COMPLEX, 4, H.B. ROAD, RANCHI 834 001. 2 . ACIT, CIR 3, REVENUE BUILDING, MAIN ROAD, RANCHI. 3 . THE CIT(A) 4 . THE CIT 5 . DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, RANCHI