Suresh Chandra Agarwala, Cuttack V. ITO, Cuttack

ITA 508/CTK/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 65188 (ITAT-CUTTACK)
• Duration Of Justice: 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2012
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 19-10-2012
• Court: TRIBUNAL
• Department Lawyers: S C MOHANTY
• Assessee Lawyers: MOHIT SHETH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK ( ) BEFORE . . , , HONBLE SHRI K.K.GUPTA, ACCOUNTANT MEMBER. /AND . . . , H ONBLE SHRI K.S.S.PRASAD RAO, JUDICIAL MEMBER / I.T.A.NO. 508/CTK/2012 / ASSESSMENT YEAR 2008 - 09 SURESH CHANDRA AGARWALA,PROP. AJANTA ADVERTISERS,JOBRA ROAD, CUTTACK 753 003 PAN: AASPA 3784 F - - - VERSUS - INCOME - TAX OFFI CER, WARD 1(1), CUTTACK. ( /APPELLANT ) ( / RESPONDENT ) / FOR THE APPELLANT : / SHRI MOHIT SHETH, AR / FOR THE RESPONDENT: / SHRI S.C.MOHANTY, DR / DATE OF HEARING: 26.11.2012 / DATE OF PRONOUNCEMENT: 30.11.2012 / ORDER . . . , SHRI K.S.S.PRASAD RAO, JUDICIAL MEMBER . THE ASSESSEE IS IN APPEAL AGAINST THE ORDER DT.24.8.2012 OF THE COMMISSIONER OF INCOME - TAX (APPEALS) FOR THE ASSESSMENT YEAR 2008 - 09. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST CONFIRMATION OF THE ADDITION OF 1,50,710 OUT OF THE CLAIM OF 20,78,645 UNDER THE HEAD VINYL MOUNTING EXPENSES. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS. ON CAREFUL CONSIDERATION OF THE MATE RIAL MADE AVAILABLE TO THE TRIBUNAL IN THE LIGHT OF RIVAL SUBMISSIONS AS WELL AS THE IMPUGNED ORDERS PASSED BY THE LOWER AUTHORITIES, IT IS FOUND THAT THE ASSESSEE HAS CLAIMED EXPENDITURE OF 20,78,645 UNDER THE HEAD VINYL MOUNTING EXPENSES, OUT OF WHICH THE ASSESSING OFFICER HAS DISALLOWED A SUM OF 1,50,000 ON THE GROUND THAT THE RELEVANT VOUCHERS ARE NOT AFFIXED WITH THE REVENUE STAMP IN TOKEN OF RECEIPT OF PAYMENT, THE DETAILS OF WHICH I.T.A.NO. 508/CTK/2012 2 HAS BEEN MENTIONED IN PARAGRAPH 02 OF THE ASSESSMENT ORDER . IT IS NOT THE CASE OF THE DEPARTMENT THAT THE EXPENDITURE IN QUESTION DOES NOT RELATE TO THE ASSESSEES BUSINESS NOR IT IS NOT INCURRED BY THE ASSESSEE. BUT THE DISALLOWANCE IN QUESTION HAS BEEN MADE ONLY ON THE GROUND OF NON - FIXING OF REVENUE STAMP ON THOSE REL EVANT VOUCHERS, WHICH ALONE TECHNICAL GROUND, IN OUR CONSIDERED VIEW, CANNOT BE A GROUND FOR DISALLOWANCE OF SUCH EXPENDITURE INCURRED BY THE ASSESSEE. IN THIS VIEW OF THE MATTER, WE SET ASIDE THE IMPUGNED ORDERS OF THE AUTHORITIES BELOW ON THIS ISSUE AND DIRECT DELETION OF THE ADDITION OF 1,50,710 MADE ON THIS COUNT, BY ALLOWING THE APPEAL OF THE ASSESSEE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. S D/ - S D/ - ( . . ) , , (K.K.GUPTA), ACCOUNTANT MEMBER. ( . . . ) , (K.S.S.PRASAD RAO), JUDICIAL MEMBER ( ) DATE: - COPY OF THE ORDER FORWARDED TO: 1 . / THE APPELLANT : SURESH CHANDRA AGARWALA,PROP. AJANTA ADVERTISERS,JOBRA ROAD, CUTTACK 753 003 PAN: AASPA 3784 F 2 / THE RESPONDENT: INCOME - TAX OFFICER, WARD 1(1), CUTTACK. 3 . / THE CIT, 4 . ( )/ THE CIT (A), 5 . / DR, CUTTACK BENCH 6 . GUARD FILE . / TRUE COPY, / BY ORDER, ( ), (H.K.PADHEE), SENIOR.PRIVATE SECRETARY. I.T.A.NO. 508/CTK/2012 3 APPENDIX XVII SEAL TO BE AFFIXED ON THE ORDER SHEET BY THE SR. P.S./P.S. AFTER DICTATION IS GIVEN 1. DATE OF DICTATION 28.11.2012 . 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 28.11.2012 OTHER MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT.... 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S . 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 30.11.2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER ................ 9. DATE OF DESPATCH OF THE ORDER ..