Sri Byrava Civil Engineering Works , Bangalore V. The Assistant Commissioner of Income Tax Circle-7(2)(1), Bangalore

ITA 343/BANG/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3363 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 06-10-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 25-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Additional evidence
• Section: 143(3); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES B BENCH: BANGALORE BEFORE SHRI B.R. BASKARAN , ACCOUNTANT MEMBER AND S MT BEENA PILLAI, JUDICIAL MEMBER ITA. NO. 343 /BANG/20 19 ASSESSMENT YEAR: 20 13 - 14 M/S. SRI BYRAVA CIVIL ENGINEERING WORKS, NO. 280, 6 TH MAIN ROAD, IST B BLOCK, JAYANAGAR, BANGALORE 560 011. PAN: AAKFS8351E VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 7 (2) (1), BANGALORE. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI N. SHAMA BHAT, CA RESPONDENT BY : SHRI PRIYADARSHI MISHRA, ADDL. CIT (DR) DATE OF HEARING : 06.10.2021 DATE OF PRONOUNCEMENT : 12 .10.2021 ORDER PER BEENA PILLAI , J UDICIAL M EMBER PRESENT APPEAL IS FILED BY ASSESSEE AGAINST THE OR DER DATED 26.12.2018 PASSED BY LD. CIT(A) - 7 , BANGALORE FOR ASSESSMENT YEAR 2013 - 14. THE L D.AR SUBMITTED THAT , THE ASSESSEE IS A PARTNERSHIP FIRM CARRYING ON THE BUSINESS OF W ORK C ONTRACT FOR GOVERNMENT AND LOCAL GOVERNMENT BODIES. F OR THE ASSESSMENT YEAR 2013 - 14, ASSESSMENT ORDER WAS PASSED BY THE LD.AO UNDER SECTION 143(3) MAKING FOLLOWING ADDITIONS: PAGE 2 OF 3 ITA NO. 343 /BANG/20 19 I) DISALLOWANCE OF RS. 2,01,46,203/ - OUT OF PURCHASES FOR WANT OF C REDITORS CONFIRMATION AND II) ADDING BACK OF RS. 7,00,000/ - RECEIVED FR OM MS. SUSHMA AS UNEXPLAINED CASH CREDITS , UNDER SECTION 68. AGGRIEVED BY THESE ADDITIONS APPEAL WAS FILED BEFORE THE LD.CIT(A). THE LD.CIT(A) PASSED ORDER DISMISSING THE APPEAL BY NOT ADMITTING ADDITIONAL EVIDENCE, UNDER RULE 46A. AGGRIEVED BY THE ORDER OF LD.CIT(A), ASSESSEE IS IN APPEAL BEFORE US. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH SIDES. 2. IT HAS BEEN SUBMITTED BY THE LD. AR THAT , THESE ADDITIONAL EVIDENCES WOULD BE NECESSARY TO CONSIDER THE CLAIM OF ASSESSEE. THE L D.DR SUBMITTED THAT , THE ISSUE MAY BE REMANDED TO THE L D.CIT(A). WE HAVE PERUSED THE SUBMISSIONS ADVANCED BY BOTH SIDES IN THE LIGHT OF RECORDS PLACED BEFORE US. 2.1 WE NOTE THAT THE L D.CIT(A) DID NOT ADMIT THE ADDITIONAL EVIDENCES FILED BY ASSESSEE . IT IS THE SUBMISSION OF THE ASSESSEE THAT THE ASSESSEE PRODUCED CONFIRMATION LETTERS IN RESPECT OF 6 PARTIES OUT OF TOTAL 41 AT THE TIME OF ASSESSMENT PROCEEDINGS. HOWEVER, D UE TO AGE, ASSESSEE COULD NOT TAKE ANY FURTHER STEPS AND THE ASSESSMENT ORDER WAS PASSED BEFORE 31.03.2016. THE ASSESSEE COULD NOT GET ANY FURTHER DETAILS DURING THE INTER A GNUM PERIOD. IT WAS SUBSEQUENTLY T HAT DETAILS REGARDING OTHER PARTIES WAS SO UGHT WHICH W ERE PRODUCED BEFORE THE L D.CIT(A) ADDITIONAL EVIDENCE. 2.2 IN OUR VIEW, T HE L D.CIT(A) SHOULD HAVE ADMITTED THE ADDITIONAL EVIDENCE AND DECIDED THE ISSUE ON MERITS. IN ANY EVENT, NO PURPOSE PAGE 3 OF 3 ITA NO. 343 /BANG/20 19 WILL BE SOLVED BY REMANDING THE ISSUE TO THE L D.CIT(A) AS HE WOULD ULTIMATELY C ALL FOR REMAND REPORT FROM THE LD.AO. THEREFORE , WE ARE INCLINED TO REMAND THIS ISSUE TO THE L D.AO. THE L D.AO SHALL CALL FOR NECESSARY DOCUMENTS AND TAKE NECESSARY STEPS TO VERIFY THE DETAILS FILED. THE LD. AO IS DIRECTED TO CONSIDER THE ISSUE AFRESH IN THE LIGHT OF EVIDENCES FILED BY THE ASSESSEE IN A CCORDANCE WITH LAW. ACCORDINGLY THE GROUNDS OF APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. O R D E R P R O N O U N C E D I N O P E N C O U R T O N 1 2 T H O C T O B E R , 2 0 2 1 . S D / - S D / - ( B.R. BASKARAN ) ( BEENA PILLAI ) ACCOUNTANT MEMBER J UDICIAL MEMBER DATED: 1 2 T H OCTOBER, 2021. /MS/ COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE