Netsurf Entertainment LLP, Pune V. Income-Tax Officer, Ward 2(2), Pune

ITA 405/PUN/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8379 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 08-06-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS
• Section: 143(3)

Judgement Text

आयकर अपीऱीय अधिकरण “ए” न्यायपीठ प ु णे म ें । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI S.S.GODARA, JM AND SHRI DR. DIPAK P. RIPOTE, AM आयकर अपीऱ सं. / ITA No.405/PUN/2020 ननधधारण वषा / Assessment Year : 2016-17 Netsurf Entertainment LLP, SR No. 107, Plot No.2, Emirus Bldg., 5 th Floor, Baner , Pune – 411 045 PAN : AAIFN8191K .......अपऩलधथी / Appellant बनधम / V/s. ITO, Wd -2(2), Pune ......प्रत्यथी / Respondent Assessee by : None Revenue by : Shri Arvind Desai सपनवधई की तधरऩख / Date of Hearing : 20.06.2022 घोषणध की तधरऩख / Date of Pronouncement : 11.08.2022 आदेश / ORDER PER S. S. GODARA, JM : 1. This assessee’s appeal for A.Y. 2016-17 is directed against the CIT(A)-3, Pune’s order dated 22/01/2020 passed in case No. PN/CIT(A)-3/ITO WD.2(2)/200/18-19 involving proceeding u/s. 143(3) of the Income Tax Act, 1961; in short "the Act”. Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte. 2 ITA No.405/PUN/2020 A.Y. : 2016-17 Netsurf Entertainment LLP, 2. The assessee pleads the following substantive grounds in the instant appeal. “1. On the basis of facts and in the circumstances of the case, the assessee prays to condone the delay of 75 days in filing the present appeal. The appeal fees were paid within 60 days, but the physical submission of Appeal Memorandum could not be filed due lockdown on account of Covid-19. 2. On the basis of facts and in the circumstances of the case and as per law, the Commissioner of Income Tax, (Appeals)- 3, Pune, is not justified in confirming the addition of Rs 66,83,383/- on account of alleged discrepancy between the amounts on which TDS deducted as shown in 26AS form on the web site of Income Tax department and turnover / income shown by the Appellant in its audited annual accounts. 3. On the basis of facts and in the circumstances of the case and as per law, the lower authorities have erred in considering receipts as per AS26 as Gross Receipts of the assessee thereby ignoring the method of accounting followed by the assessee. Such addition is arbitrary and without any basis. 4. On the basis of facts and in the circumstances of the case and as per law, the lower authorities have erred in law as well as in fact in making the addition of Rs. 66,83,383/- being "gross receipt" as such received by the appellant and since only profit element in the same can be subjected to tax, the entire addition of gross receipts is contrary to law and without jurisdiction. The addition is uncalled for hence needs to be deleted. 5. The appellant craves leave to add, alter, omit or substitute any of the grounds at the time of hearing of the appeal.” 3 ITA No.405/PUN/2020 A.Y. : 2016-17 Netsurf Entertainment LLP, 3. Mr. Desai could hardly rebut the clinching fact at the outset that the instant appeal doesn’t require any detailed adjudication on our part since assessee’s sole substantive grievance herein i.e. correctness of both the learned lower authorities action adding the amount in issue of Rs.66,83,383/- on account of difference between TDS figures shown in form 26AS and its book; requires more a factual reconciliation of the corresponding facts at the Assessing Officer’s end only. That being the case, we direct him to re-adjudicate and verify all the necessary facts afresh in consequential proceeding after affording adequate opportunity(ies) of hearing to the taxpayer. Ordered accordingly. 4. Delay of 74 days in filing of the instant appeal instituted on 09.06.2020 is condoned since falling in covid-19 pandemic outbreak period. 5. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in the Open Court on this 11 th day of August, 2022. Sd/- Sd/- (DR.DIPAK P.RIPOTE) (S.S. GODARA) लेखध सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य/JUDICIAL MEMBER पपणे / Pune; ददनधांक / Dated : 11 th August, 2022. Ashwini 4 ITA No.405/PUN/2020 A.Y. : 2016-17 Netsurf Entertainment LLP, आदेश की प्रनतनलनप अग्रेनषत / Copy of the Order forwarded to : 1. अपऩलधथी / The Appellant. 2. प्रत्यथी / The Respondent. 3. The CIT(A)-3, Pune. 4. The Pr.CIT-1, Pune. 5. नवभधगऩय प्रनतनननध, आयकर अपऩलऩय अनधकरण, “ए” बेंच, पपणे / DR, ITAT, “A” Bench, Pune. 6. गधर्ा फ़धइल / Guard File. आदेशधनपसधर / BY ORDER, // True Copy // Senior Private Secretary आयकर अपऩलऩय अनधकरण, पपणे / ITAT, Pune. 5 ITA No.405/PUN/2020 A.Y. : 2016-17 Netsurf Entertainment LLP, S.No. Details Date Initials 1 Draft dictated on 20.06.2022 2 Draft placed before author .08.2022 3 Draft proposed & placed before the Second Member 4 Draft discussed/approved by Second Member 5 Approved Draft comes to the Sr. PS/PS 6 Kept for pronouncement on 7 Date of uploading of Order 8 File sent to Bench Clerk 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order