Thakur Vaidyanath Aiyar & Co., New Delhi V. ACIT, Circle- 61(1), New Delhi

ITA 5990/DEL/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 7008 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 17-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS
• Section: 43B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI Before Sh. Saktijit Dey, Judicial Member Dr. B. R. R. Kumar, Accountant Member (Through Video Conferencing) ITA No. 5990/Del/2018 : Asstt. Year : 2014-15 Thakur Vaidyanath Aiyar & Co., 221-223, Deen Dayal Upadhyay Marg, New Delhi-110002 Vs ACIT, Circle-61(1), New Delhi (APPELLANT) (RESPONDENT) PAN No. AAAFT3096M Assessee by : Sh. Sanjay Jain, CA Revenue by : Sh. Umesh Takyar, Sr. DR Date of Hearing: 07.03.2022 Date of Pronouncement: 11.03.2022 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of the ld. CIT(A)-20, New Delhi dated 05.07.2018. Reconciliation of P&L Account and Service Tax Return: 2. We find that the difference of Rs.5,61,500/- is due to the fact that the service tax is paid at Delhi but the fee is credited to other branches where service taxes not paid. Such amount pertain to Mumbai Branch for Rs.3,24,500/-, Kolkata Branch for Rs.1,87,000/- and KN Gupta partner for Rs.50,000/-. Though, the sum of Rs.50,000/- is the amount received from NASSCOM for the partner KN Gupta which was included in the turnover of ITA No. 5990/Del/2018 Thakur Vaidyanath Aiya & Co. 2 Delhi office. Hence, owing to the reconciliation no addition is called for on this account. TDS Payable: (Ground Nos. 2 & 3) 3. From the record, we find that the TDS has been deposited before due date of filing of the return. Hence, keeping in view, the order of the ITAT Delhi Benches in ITA Nos. 1265, 1266, 1267, 1383, 1384 & 1392/Del/2021 dated 28.02.2022, we allow the appeal of the assessee on this ground. Sundry Creditor: 4. The items of sundry creditors found to be having overlapping of Section 43B of the Income Tax Act, 1961 as found out from the table mentioned at page no. 21 of the order of the ld. CIT(A) which includes TDS, salary TDS, Voluntary PF, and others include Staff balance & payables at Chennai Branch. These amounts are reconciled before us and also do not interfere with the cash system of accounting followed by the assessee. Hence, we allow the appeal of the assessee on this ground. Adhoc Disallowances: 5. The AO resorted to adhoc disallowances on travelling, postage, conveyance and general expenses. We find that no reasons have been given by the revenue authorities for such disallowance and hence keeping in view the order of the ld. CIT(A) as well as the ITAT for the A.Y. 2013-14, we hereby delete the disallowance made by the AO. ITA No. 5990/Del/2018 Thakur Vaidyanath Aiya & Co. 3 6. In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 11/03/2022. Sd/- Sd/- (Saktijit Dey) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 11/03/2022 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR