Premnath Singh, Hooghly V. I.T.O., Ward - 23(3), Hooghly, Hooghly

ITA 634/KOL/2022

AI Insights

This case involves an appeal by Premnath Singh against the order of the Commissioner of Income Tax (Appeals)-6, Kolkata, which upheld the AO's addition of Rs. 31,41,488 to the assessee's income for the Assessment Year 2014-15. The addition was based on a discrepancy between the turnover reported in the assessee's books and the turnover reflected in Form 26AS. The assessee argued that the difference was due to service charges and reimbursement of PF, on which TDS had been deducted, and not actual turnover. The Tribunal found merit in the assessee's argument and restored the matter to the AO for a detailed examination.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127251 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Next Hearing Date: 18-12-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 13-11-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS

Judgement Text

आयकर अपील य अ धकरण, कोलकाता पीठ ‘‘एसएमसी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH: KOLKATA ी राजेश क ु मार, लेखा सद य एवं ी संजय शमा या यक सद य के सम [Before Shri Rajesh Kumar, Accountant Member & Shri Sonjoy Sarma, Judicial Member] I.T.A. No. 634/Kol/2022 Assessment Year: 2014-15 Premnath Singh (PAN: BEZPS 8767 L) Vs. ITO, Ward-23(3), Hooghly Appellant / (अपीलाथ ) Respondent / ( !यथ ) Date of Hearing / स ु नवाई क$ त&थ 19.12.2022 Date of Pronouncement/ आदेश उ)घोषणा क$ त&थ 17.01.2023 For the Appellant/ नधा /रती क$ ओर से Shri K. M. Roy, C.A For the Respondent/ राज व क$ ओर से Shri Vijay Kumar, Addl. CIT Sr. DR ORDER / आदेश Per Rajesh Kumar, AM: This is the appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-6, Kolkata (hereinafter referred to as the Ld. CIT(A)”] dated 31.12.2018 for the AY 2014-15. 2. Issue raised by the assessee in ground no. 1 is against the ex-parte order being cryptic and non speaking passed by the Ld. CIT(A) thereby upholding the order of AO and the issue raised in ground no. 2 is without prejudice wherein the addition on 2 I.T.A. No.634/Kol/2022 Assessment Year: 2014-15 Premnath Singh account of undisclosed turnover was prayed to be restricted to the profit margin embedded in the turnover. 3. At the outset, the Ld. Counsel for the assessee stated that the addition was made of Rs. 31,41,488/- by the AO on account of turnover as disclosed in the books of accounts of the assessee vis-à-vis the information as per Form 26AS. The Ld. A.R. stated that there was no actual difference in the turnover as disclosed by the assessee and the difference was in fact on account of service charges and reimbursement of PF on which TDS has been deducted. The ld. A.R therefore prayed that the addition may kindly be deleted and AO may be directed to verify and delete the addition. 4. The Ld. D.R on the other hand relied on the order of authorities below. 5. After hearing the rival contentions and perusing the material on record, we find that the difference in the turnover is merely on the account deduction of TDS on service tax and reimbursement of PF which were stated by the counsel of the assessee to be not part of the turnover. Since the issue required to be examined at the end of the AO. Accordingly we restore the issue back to the file of the AO to examine the same and decide accordingly. Needless to say that if this is not the part of the turnover even if the TDS is deducted on service tax, reimbursement of PF then the same is to be deleted. 6. In the result, the appeal of the assessee is allowed for statistical purposes. Order is pronounced in the open court on 17 th January, 2023 Sd/- Sd/- (Sonjoy Sarma /संजय शमा ) (Rajesh Kumar/राजेश क ु मार) Judicial Member/ या यक सद य Accountant Member/लेखा सद य Dated: 17 th January, 2023 SB, Sr. PS 3 I.T.A. No.634/Kol/2022 Assessment Year: 2014-15 Premnath Singh Copy of the order forwarded to: 1. Appellant- Premnath Singh, 404/A/3, Konnagar, Indira Gandhi Road, Konnagar, Hooghly 2. Respondent – ITO, Ward-23(3), Hooghly 3. Ld. CIT(A)-6, Kolkata (Sent through e-mail) 4. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata