Bhavnaben B.Patel, Ahmedabad V. The Dy.CIT.,Circle-2(1), Ahmedabad

ITA 582/AHD/2011

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 9220 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 11 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 25-11-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 24-02-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: TDS
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 201

Judgement Text

ITA NO. 582 /AHD/ 201 1 A SSESSMENT Y EAR: 20 0 6 - 07 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [CORAM: PRAMOD KUMAR AM] ITA NO. 582 /AHD/201 1 ASSESSMENT Y EAR : 200 6 - 0 7 BHAVANABEN B. PATEL, .......... . APPELLANT PROP. BHAMASHA EXPORTS, C/O. SHRI ANIL R. SHAH (C.A.), SHREEJI HOUE, 4 TH FLOOR, B/H. M.J. LIBRARY, ELLIS BRIDGE, AHMEDABAD 380 006. [PAN: A EUPP 9816 M ] VS. DY. COMMISSIONER OF INCOME TAX , CIRCLE 2(1), BARODA. .... ............. RESPONDENT APPEARANCES BY: P.B. PARMAR & ANIL R. SHAH , F OR THE APPELLANT PRADIP KUMAR MAJUMDAR FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING : 2 5 . 1 1 .201 7 DATE OF PRONOUNCING THE ORDER : 17 . 0 2 .2017 O R D E R 1. T HIS APPEAL IS DIRECTED AGAINST CI T(A) S ORDER DATED 18 TH NOVEMBER, 2010 FOR T HE ASSESSMENT YEAR 2006 - 07 2. THE ONLY GRIEVANCE PRESSED BEFORE ME IS AS FOLLOWS : - THE CIT(A) HAS ERRED BOTH IN LAW AND IN FACT IN CONFIRMING THE ADDITION OF RS.8,60,825/ - DISALLOWED BY THE ASSESSING OFFICER AS ALLEGED DIFFERENCE IN RECEIPT OF TDS . Y OUR APPELLANT SUBMITS THAT HAS BEEN MAINTAINING REGULAR AND PROPER BOOKS OF ACCOUNTS DULY AUDITED AND THE SAME METHOD OF ACCOUNTING IS MAINTAINED FROM YEAR TO YEAR AND THERE IS NO DIFFERENCE OF RECEIPT AND TDS AND THE AMOUNT IS DULY RECONCILED AND THEREFOR E THE ADDITION OF RS.8,60,825/ - BE DELETED. ITA NO. 582 /AHD/ 201 1 A SSESSMENT Y EAR: 20 0 6 - 07 PAGE 2 OF 2 3 . LEARNED REPRESENTATIVES FAIRLY AGREE THAT THE MATTER MAY BE REMITTED TO THE FILE OF THE ASSESSING OFFICER FOR GIVING ASSESSEE ONE MORE OPPORTUNITY OF PRODUCING RECONCILIATION STATEMENT. AS I DO SO, I MAKE IT CLEAR THAT THIS RECONCILIATION STATEMENT , WHICH IS BEING FILED BEFORE ME NOW, CANNOT BE ENTERTAINED FOR EXAMINATION ON MERITS AT THIS STAGE. HOWEVER, AT THIS STAGE, ASSESSEE CAN SATISFY THE ASSESSING OFFICER ON CORRECTNESS OF THE RECONCILIATION, THE A SSESSING OFFICER WILL DELETE T HE PENALTY. 4. IN VIEW OF THE ABOVE DISCUSSIONS, THE MATTER IS RESTORED TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER WILL DECIDE THE MATTER AFRESH IN THE LIGHT OF OBSERVATIONS ABOVE, IN ACCORDANCE WITH THE LAW AND AFTER GIVING YET ANOTHER OPPORTUNITY OF HEARING TO THE ASSESSEE. 5 . IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THIS 17 TH DAY OF FEBRUARY , 2017 . SD/ - PRAM OD KUMAR (ACCOUNTANT MEMBER) DATED: THE 17 TH DAY OF FEBRUARY , 2017 . PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSIST ANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD