GOOD LUCK TOURS PVT. LTD., Jaipur V. ACIT, Jaipur

ITA 50/JPR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5531 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 11 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 23-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA JCIT DHK
• Assessee Lawyers: G M MEHTA

Judgement Text

ITA NO.50/JP/14 M/S GOOD LUCK TOURS PVT. LTD. VS. ACIT, CIRCLE-3, J AIPUR 1 VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI VIKRAM SINGH YA DAV, AM VK;DJ VIHY LA-@ ITA NO. 50/JP/14 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 M/S GOOD LUCK TOURS PVT. LTD.,C/O SHRI G.M. MEHTA & CO, PARAS, 127 HARI MARG, CIVIL LINES, JAIUR CUKE VS. THE ACIT, CIRCLE-3, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AAACG 7113 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI G.M. MEHTA (C.A.) JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAJ MEHRA(JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 11/01 /2016 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 22 /01/2016. VKNS'K@ ORDER PER SHRI VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE ASESSEE AGAINST THE ORDER OF CIT(A), ALWAR DATED 9.11.2013 WHEREIN THE ASSESSEE HAS CHALLENGE D LUMPSUM ADDITION SUSTAINANEE OF RS. 5,00,000/- OUT OF RS. 10,46,805 /-DISALLOWED BY THE AO. ITA NO.50/JP/14 M/S GOOD LUCK TOURS PVT. LTD. VS. ACIT, CIRCLE-3, J AIPUR 2 2. FROM THE PERUSAL OF THE ASSESSMENT ORDER, IT IS NOTED THAT THE AO HAS DISALLOWED 3% OF VARIOUS EXPENSE DEBITED IN THE PR OFIT AND LOSS ACCOUNT NAMELY TAXI HIRE CHARES, OFFICE EXPENSES, TELEPHONE EXPENS ES AND VEHICLE RUNNING AND MAINTENANCE EXPENSES. AS PER THE AO, SOME OF THESE EXPENSES HAVE BEEN PAID IN CASH, THE SAME REMAINS UNVERIFIABLE IN THE ABSEN CE OF COMPLETE BILLS AND VOUCHERS AND ADDRESS ON THE VOUCHERS. THEREFORE, H E DISALLOWED 3% OF THE EXPENSES AND MADE AN ADDITION OF RS. 10,46,805/- IN THE HANDS OF THE ASSESSEE. 2.1 BEING AGGRIEVED THE ASSESSEE CARRIED THE MATTER IN APPEAL BEFORE THE CITA), ALWAR. IT IS NOTED FROM THE ORDER OF THE CIT(A) THAT THERE IS NO DISCUSSION ON THE SPECIFIC EXPENSES IN RESPECT OF WHICH THE ADHOC DISALLOWANCES WAS DONE BY THE AO. THE LD. CIT(A) HOWEVER, MENTIONED ABO UT THE INCREASE IN OTHER EXPENSES NAMELY SERVICE CHARGES, LEASE RENT, SALAR Y TO STAFF AND MISC. EXPENSES AND STATED THAT THE ASSESSEE HAS NOT BROUGHT ON RE CORD ANY MATERIAL TO JUSTIFY THE ABNORMAL INCREASE IN THESE EXPENSES, HENCE HE RESTR ICTED DISALLO3ANCE OF EXPENSES MADE BY THE AO TO RS. 5,00,000/-. 2.2 FROM THE PERSUSAL OF THE ORDER OF THE LOWER AU THORITIES, IT IS A CLEAR CASE OF ADHOC DISALLOWANCE OF EXPENSES WITHOUT BRINGING ON RECORD ANY SPECIFIC EXPENDITURE WHICH IS CLAIMED BY THE ASSESSEE AND WH ICH IS HELD TO BE BOGUS OR ITA NO.50/JP/14 M/S GOOD LUCK TOURS PVT. LTD. VS. ACIT, CIRCLE-3, J AIPUR 3 NOT INCURRED FOR THE PURPOSES OF THE BUSINESS. IN ABSENCE OF ANY SPECIFIC FINDINGS BY THE LOWER AUTHORITIES, THE ADHOC DISALLOWANCES O F RS. 5 LACS SUSTAINED BY THE LD. CIT(A) IS HEREBY DELETED. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 /01/2016 SD/- SD/- VKJ-IH-RKSYKUH FOE FLAG ;KNO (R.P.TOLANI) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER JAIPUR DATED:- 22 / 01 /2016 PILLAI VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- M/S GOOD LUCK TOURS PVT. LTD. JAIP UR 2. THE RESPONDENT- THE ACIT, CIRCLE-3, JAIPUR 3. THE CIT(A) ALWAR 4. THE CIT-I, JAIPUR 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 50/JP/14) VKNS'KKUQLKJ@ BY ORDER, LGK;DIATHDKJ@ ASSISTANT. REGISTRAR. ITA NO.50/JP/14 M/S GOOD LUCK TOURS PVT. LTD. VS. ACIT, CIRCLE-3, J AIPUR 4