Sri.P.Abdul salam, Punalur V. The ADCIT,Kollam Range,Kollam, Kollam

ITA 599/COCH/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3943 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 16-11-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A S BINDHU
• Assessee Lawyers: IVAN JOSEPH

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFOR E S/ SHRI CHANDRA POOJARI , AM & GEORGE GEORGE K., J M I .T . A. NO . 599 / COCH/ 20 1 7 ASSESSMENT YEAR : 2 0 08 - 0 9 SHRI P. ABDUL SALAM MALIKAVEETTIL AGENCIES, MAIN ROAD, PUNALUR, KOLLAM. [PAN:ACUPK 4194P] VS. THE ADDL. COMMISSIONER OF INCOME - TAX, KOLLAM RANGE, KOLLAM. (ASSESSEE - APPELLANT) (REVENUE - RESPONDENT) A SSESSEE BY SHRI IVAN JOSEPH, CA REVENUE BY SMT. A.S. BINDHU, SR. DR D ATE OF HEARING 05 / 0 2/ 201 9 DATE OF PRONOUNCEMENT 05 / 0 2 /201 9 O R D E R PER CHANDRA POOJARI, AM : THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A) DATED 13/09/2017 AND PERTAINS TO ASSESSMENT YEAR 2008 - 09 . 2. THE ONLY ISSUE IN THIS APPEAL IS WITH REGARD TO DIRECTION OF THE CIT(A) TO THE ASSESSING OFFICER TO ADD RS. 11,2 5,452 / - TOWARDS UNACCOUNTED PURCHASES INSTEAD OF RS.67,699/ - ADDED BY THE ASSESSING OFFICER. 3. AGAINST THIS, THE ASSESSEE IS IN APPEAL BEFORE US. I.T.A. NO . 599 /COCH/ 201 7 2 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RECORD. THE MAIN CONTENTION OF THE ASSESSEE I S THAT THE ASSESSEE A CCOUNTED IN ITS P&L ACCOUNT TOTAL PURCHASE S OF RS.21,72, 77, 29 7 / - WHICH IS TALLIED WITH THE ORDER PASSED BY THE COMMERCIAL TAX OFFICER (AUDIT ASSESSMENT). HE DREW OUR ATTENTION TO THE PROFIT AND LOSS ACCOUNT FOR THE YEAR ENDED 31/03/20 08 AND SUBMITTED THAT TOTAL PURCHASES ARE AS FOLLOWS: TAXABLE RS.21 , 61 , 57 , 845 / - NON TAXABLE RS. 10,7 6 ,173 / - TOTAL RS.21,72,34,018/ - THUS, HE SUBMITTED THAT THE TOTAL PURCHASES CONS IDERED BY THE CIT(A) AT RS.21,61,57,845/ - IN THE PROFIT AND LOSS ACCOUNT IS NOT CORRECT. ACCORDING TO HIM, THE FIGURES IN THE PROFIT AND LOSS ACCOUNT FOR THE YEAR ENDED 31/03/2008 AND THE FIGURES TAKEN IN THE ORDER PASSED BY THE COMMERCIAL TAX OFFICER (AU DIT A SSESSMENT) WAS TALLIED AND THERE CANNOT BE ANY ADDITION. IN OUR OPINION, THIS ISSUE NEED S TO BE REMITTED TO THE FILE OF THE ASSESSING OFFICER TO RECONCILE BOTH THE FIGURES AND DECIDE THEREUPON AND IF THERE IS ANY DIFFERENCE, THAT ONLY IS TO BE ADDE D . WITH THIS OBSERVATION, WE REMIT THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR FRESH CONSIDERATION. IT IS NEEDLESS TO SAY THAT THE ASSESSEE IS TO BE GIVEN REASONABLE OPPORTUNITY OF HEARING BEFORE DECIDING THE ISSUE. HENCE, THIS GROUND OF APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. I.T.A. NO . 599 /COCH/ 201 7 3 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 5 TH FEBRUARY, 2019 SD/ - SD/ - (GEORGE GEORGE K.) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 5 TH FEBRUARY, 2019 GJ COPY TO : 1 . SHRI P. ABDUL SALAM, MALIKAVEETTIL AGENCIES, MAIN ROAD, PUNALUR, KOLLAM. 2 . THE ADDL. COMMISSIONER OF INCOME - TAX, KOLLAM RANGE, KOLLAM 3 . THE COMMISSIONER OF INCOME - TAX (AP P EALS) , T RIVANDRUM. . 4 . THE PR. COMMISSIONER OF INCOME - TAX, TRIVANDRUM . 5. D. R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COCHIN