Navyug Iron Traders, GHaziabad V. ACIT, Circle- 2, Ghaziabad

ITA 7409/DEL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6615 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 11-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Keywords: Assessment record

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC , NEW DELHI BEFORE S H. R. K. PANDA , ACCOUNTANT MEMBER ITA NO. 7409 /DEL/201 7 ASSESSMENT YEAR: 20 14 - 15 NAVYUG IRON TRADERS , 113/16, SHOP NO.2, NAVYUG MARKET GHAZIABAD PAN AAAFN9536A V S ACIT CIRCLE - 2 GHAZIABAD (APPELLANT) (RESPONDENT) A SSESSEE BY SH. VIPIN GARG, CA SH. AKHILESH KUMAR, ADVOCATE REVENUE BY SH. S. L. ANURAGI, SR. DR DATE OF HEARING: 1 9 / 07 / 2018 DATE OF PRONOUNCEMENT: 24 / 0 7 /2018 ORDER PER R.K. PANDA, A M: 1. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 29.09.2017 OF THE CIT (APPEALS) , GHAZIABAD RELATING TO A. Y. 20 14 - 15 . 2. THE ONLY EFFECTIVE GROUND RAISED BY THE ASSESSEE IS AS UNDER : - BECAUSE, THE LEARNED LOWER AUTHORITY ERRED IN NOT APPRECIATING THE FACT ON THE RECORD THAT THE ADDITION OF RS.2 LACS ON A/C OF AD HOC EXPENSES IS WITHOUT REJECTING ANY SPECIFIC PAYMENT, WITHOUT IDENTIFYING ANY SPECIFIC HEAD OR AMOUNT, 2 RECORDING ANY BASIS OR FINDING THAT EXPENSES ARE NOT RELA TED TO BUSINESS ETC. AND FURTHER AFTER ACCEPTING ACCOUNT, HENCE DISALLOWANCE IS ARBITRARY. 3. FACTS, OF THE CASE, IN BRIEF ARE THAT THE ASSESSEE IS A PARTNERSHIP FIRM ENGAGED IN THE BUSINESS OF T RAD ING IN ALL KINDS OF IRON AND STEEL AND OTHER ALLIED P R ODUCTS. IT FILED I T S RETURN OF INCOME ON 22.09.201 4 DE C LARING TOTAL INCOME OF RS. 11,73,080/ - . DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE ASSESSING OFFICER ASKED THE ASSESSEE TO PRODUCE BILLS AND VOUCHERS ALONGWITH BOOKS OF ACCOUNT FOR HIS VERIFICATION . FROM THE VERIFICATION OF THE BOOKS OF ACCOUNT ALONGWITH BILLS AND VOUCHERS, THE ASSESSING OFFICER NOTED THAT CERTAIN EXPENSES MADE UNDER VARIOUS HEADS W ERE NOT PROPERLY VOUCHED AND HENCE, REMAINED UNVERIFIED. ON ACCOUNT OF UN - VERIFIABILITY OF THESE EXPEN SES AND TO COVER UP POSSIBLE LEAKAGE OF REVENUE AN AMOUNT OF RS. 2,00,000/ - WA S DISALLOWED AND WAS ADDED BACK TO THE TOTAL INCOME OF THE ASSESSEE. 4. BEFORE CIT (A) THE ASSESSEE SUBMITTED THAT THE BOOKS OF ACCOUNT WERE EXAMINED AND ACCEPTED BY THE ASSESS ING OFFICER AND HE HAS NOT REJECTED ANY SPECIFIC PAYMENT AND EVEN WITHOUT IDENTIFYING ANY HEAD. THE ASSESSING OFFICER HA S NOT RECORDED ANY BASIS OR FINDING THAT EXPENSES ARE NOT RELATED TO BUSINESS. THE ASSESSING OFFICER MADE THE ADDITION ONLY ON THE GROU ND OF SELF MADE VOUCHERS. IT WAS ARGUED THAT THE GRO S S PROFIT AND NET PROFIT OF THE ASSESSEE WAS ALSO BETTER AND IN FACT HIGHER THAN THE INCOME SHOWN IN THE PRECEDING YEARS. RELYING ON VARIOUS DECISIONS IT WAS ARGUED THAT NO ADDITION IS CALLED FOR. 5. HOWEVER, THE LD. CIT (A) WAS NOT SATISFIED WITH THE ARGUMENTS ADVANCED BY THE LD. COUNSEL FOR THE ASSESSEE AND UPHELD THE ADDITION MADE BY THE ASSESSING OFFICER. WHILE DO ING SO HE OBSERVED THAT DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE AR OF THE ASSESSE E PRODUCED BOOKS OF ACCOUNT ALONGWITH BILLS AND VOUCHERS AND AGREED FOR AN ADDITION OF RS. 2 LACS ON ACCOUNT OF UN - VERI FI ABILITY OF CERTAIN EXPENSES. SINCE, THE AR WAS 3 HAVING POWER OF ATTORNEY WHO HAD AGREED BEFORE THE ASSESSING OFFICER FOR SUCH ADDITION, THEREFORE, SUCH AGREEMENT IS BINDING ON THE ASSESSEE . F OR THE ABOVE PROPOSITION HE RELIED ON THE DECISION OF HON BLE ALLAHABAD HIGH COURT IN THE CASE OF STERLING MACHIN E TOOLS VS CIT REPORTED 123 ITR 181 AND THE DECISION OF HON BLE SUPREME COURT IN THE CAS E OF TURNER MORRISON AND CO. LTD VS HUNGERFORD INVESTMENT TRUST LTD. (SC) 85 ITR 607. HE FURTHER NOTED THAT THE ASSESSEE DID NOT BRING UP THE FACT THAT THE ASSESSEE HAD NOT AGREED FOR THE SAID ADDITION DURING THE COURSE OF APPELLATE PROCEEDINGS OR IN FORM 35. H E EXAMINED THE ASSESSMENT RECORDS AND RELEVANT EXTRACT OF ORDER SHEET WHEREIN THE ASSESSING OFFICER HAD M ENTIONED ABOUT THE ADDITION WHICH WAS SIGNED BY THE AR OF THE ASSESSEE. HE ACCORDINGLY HELD THAT THE GROUND RAISED BEFORE HIM REGARDING THE ADDITION IS NOT MAINTAINABLE. 6. AGGRIEVED WITH SUCH ORDER OF CIT (APPEALS), ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 7. I HAVE CONSIDERED THE RIVAL ARGUMENTS MADE BY BOTH THE SIDES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. A PERUSAL OF THE ORDER SHEE T ENTR Y DATED 20.12.2016 WHICH HAS BEEN REPRODUCED BY THE CIT (A) IN THE BODY OF THE ASSESSMENT ORDER READS AS UNDER : - 20.12.2016 AR SH. PUSHKAR PANDEY APPEARS AND PRODUCES BOOKS OF ACCOUNTS AND BILLS/ VOUCHERS FOR VERIFICATION. BOOKS OF ACCOUNT S AND BILLS VOUCHERS VERIFIED ON TEST CHECK BASIS. ON ACCOUNT OF UN - VERIFIABILITY OF CERTAIN EXPEN SES OF RS.2,00,000/ - (TWO LAKHS) IS BEING ADDED TO INCOME OF ASSESSEE . C ASE DIS CUSSED . 8. SINCE DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE AR OF THE ASSESS EE HAD ACCEPTED THE DISALLOWANCE OF RS. 2,00,000/ - OUT OF VARIOUS EXPENSES BY SIGNING IN THE ORDER SHEET EN TRIES, THEREFORE, THE ARGUMENT OF THE LD. COUNSEL FOR THE ASSESSEE THAT THE ASSESSING OFFICER HAD NOT MENTIONED ANYTHING ABOUT THE SUCH AGREED DISALL OWANCE IN THE BODY OF THE 4 ASSESSMENT ORDER DOES NOT FIND ANY FORCE. SINCE ADMITTEDLY CERTAIN BILLS AND VOUCHERS REMAINED UNVERIFIED DURING THE COURSE OF ASSESSMENT PROCEEDINGS FOR WHICH ASSESSING OFFICER MADE AD - HOC DISALLOWANCE OF RS. 2,00,000/ - ON ACCOU NT OF UN - VERIFIABILITY OF EXPENSES WHICH WAS DULY SIGNED BY THE AR FOR THE ASSESSEE, THEREFORE, I DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE CIT (A) SUSTAINING THE ADDITION OF RS. 2,00,000/ - . THE GROUND RAISED BY THE ASSESSEE IS ACCORDINGLY DISMISSED. 9. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER P RONOUNCED IN THE OPEN COURT ON 24 . 07.2018 SD/ - ( R.K. PANDA ) ACCOUNTANT MEMBER * NEHA* DATE: - 24 .0 7 .2018 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 5 DATE OF DICTATION 1 9 .07.2018 DATE ON WHICH TH E TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 19.07.2018 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 19.07.2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 19.07.2018 DATE ON WHICH THE FAIR ORDE R COMES BACK TO THE SR. PS/ PS 23 .07.2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 24.07.2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 24.07.2018 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGIST RAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER 6