Shri Vikas Gangadhar Jagtap, Ahmednagar V. Income-Tax Officer, Ward -1, Ahmednagar

ITA 93/PUN/2022

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0120 (ITAT-PUNE)
• Duration Of Justice: 6 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 02-02-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, PUNE SINGLE MEMBER CASE SHRI S.S. GODARA, JUDICIAL MEMBER ITA No. 93/PUN/2022: Assessment Year : 2016-17 Shri Vikas Gangadhar Jagtap Baijabai Housing society Pipeline Road, Savedi Ahmednagar 414 003 PAN: ADZPJ 9984 G :Appellant Vs. The I.T.O. Ward 1, Ahmednagar : Respondent Appellant by : Shri Prasad S. Bhandari (through virtual) Respondent by : Shri M.G. Jasnani Date of Hearing : 29-07-2022 Date of Pronouncement : 17-08-2022 ORDER This assessee’s appeal for A.Y. 2016-17 arises against the CIT(A)-2, Pune’s order dated 22-01-2020 passed in case No. PN/CIT(A)-2/ITO Wd- 1/AN/1254/2018-19 involving proceedings u/s 143(3) of the Income-tax Act, 1961, in short “the Act”. Heard both the parties. Case file perused. 2. The assessee’s sole substantive grievance raised herein challenges correctness of both the learned lower authorities’ action invoking section 40a(ia) disallowance of sub-contract expenses @ 30%, coming to Rs. 32,64,066/- as upheld in the lower appellate order. 3. Suffice to say, it transpires during the course of hearing that the Assessing Officer had himself concluded in para 8 of the assessment order that the assessee had never even produced his books of accounts coupled with fact that the same remained un-audited as well. That being the case, I quote Indwell Constructions Vs. CIT (1978) 232 ITR 771 (AP) that the impugned disallowance is not sustainable in case of non-availability of books of accounts or rejection thereof. The impugned disallowance is directed to be deleted for 2 ITA 93/PUN/2022 Vikas G. Jagtap A.Y. 2016-17 this precise reason alone. The Revenue’s vehement contentions supporting the impugned disallowance are rejected accordingly. 3. Delay of 683 days in filing of the instant appeal instituted on 3-02-2022 is condoned since falling in Covid 19 pandemic outbreak period. 4. This assessee’s appeal is allowed. Order pronounced in the open Court on this 17 th August 2022. Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Pune; Dated, this 17 th day of August 2022 Ankam Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The Pr. CIT -1 Pune 4. The CIT(A)-2 Pune 5. The SMC Bench, ITAT Pune. 6. Guard File BY ORDER, Sr. Private Secretary /// TRUE COPY/// ITAT, Pune. 3 ITA 93/PUN/2022 Vikas G. Jagtap A.Y. 2016-17 Date 1 Draft dictated on 03-08-2022 Sr.PS 2 Draft placed before author 16-08-2022 Sr.PS 3 Draft proposed and placed before the second Member JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS/PS Sr.PS/PS 6 Kept for pronouncement on 17-08-2022 Sr.PS/PS 7 Date of uploading of order 17-08-2022 Sr.PS/PS 8 File sent to Bench Clerk 17-08-2022 Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order