SHREE HARIDARSHAN CONSTRUCTION COMPANY, Yavatmal V. THE ACIT-WARDHA-CIRCLE, Wardha

ITA 99/NAG/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93406 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 26-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Assessee Lawyers: A NIL SITARAM SEWADA
• Keywords: Additional evidence

Judgement Text

1 ITA NO. 99/NAG/2014 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 99/NAG/2014 ASSESSMENT YEAR : 2009 - 10. SHREE HARIDARSHAN CONSTRUCTION ASSTT. COMMISSIONER OF COMPANY, V/S. INCOME TAX, PLOT NO. 23, SHRIKRISHNA KUNJ, WARDHA CIRCLE, WARDHA. JAIRAPURE LAYOUT, AMRAI, YAVATMAL 445001. PAN ABKFS7404B (APPELLANT) RESPONDENT. APPELLANT BY : SHRI A NIL SITARAM SEWADA. RESPO NDENT BY : SHRI NARENDRA KANE. DATE OF HEARING : 2 4 - 06 - 2015 DATE OF PRONOUNCEMENT : 24 - 06 - 2015. O R D E R PER SHRI SHAMIN YAHYA, A.M . THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) - I, NAGPUR DATED 31 - 12 - 2013 AND PERTAINS TO ASSESSMENT YEAR 2009 - 10. 2. THE ISSUE RAISED IS THAT THE LEARNED CIT(APPEALS) ERRED IN ADDING ` .26,43,309/ - UNDER SECTION 40(A)(IA) OF THE I.T. ACT AS THE TAX HAS NOT BEEN DEDUCTED. 2 ITA NO. 99/NAG/2014 3. AT THE OUTSET, IN THIS CASE THE LEARNED COUNSEL O F THE ASSESSEE SOUGHT ADMISSION OF ADDITIONAL EVIDENCE IN THE SHAPE OF BANK STATEMENT OF BANK OF MAHARASHTRA IN SUPPORT OF THE CLAIM THAT ALL THE AMOUNTS INVOLVED ON WHICH TAX WAS REQUIRED TO BE DEDUCTED WAS PAID BEFORE 31 - 03 - 2009. FURTHER MORE, AUDITED BA LANCE SHEET AS ON 31 - 03 - 2009 FOR THE PROPOSITION THAT NO AMOUNT WAS PAYABLE HAS ALSO BEEN SUBMITTED. IN THIS REGARD, LEARNED COUNSEL OF THE ASSESSEE HAS SUBMITTED THAT THE AMOUNTS ON WHICH DISALLOWANCE HAS BEEN MADE ON THE GROUND THAT TDS WAS REQUIRED TO BE DEDUCTED HAVE ALL BEEN PAID BEFORE THE CLOSE OF THE FINANCIAL YEAR. HENCE REFERRING TO CERTAIN CASE LAWS, LEARNED COUNSEL OF THE ASSESSEE HAS SUBMITTED THAT THE PROVISIONS OF SECTION 40(A)(IA) ARE NOT ATTRACTED IN THIS CASE. 4. UPON HEARING BOTH THE COU NSEL AND PERUSING THE RE CORDS, WE FIND THAT SUCH AN ISSUE WAS RAISED BEFORE THE LEARNED CIT(APPEALS) BUT THE SAME HAS NOT BEEN DISCUSSED IN THE APPELLATE ORDER. IN OUR CONSIDERED OPINION, IN THE INTEREST OF JUSTICE, THE ADDITIONAL EVIDENCE AND THE CLAIM O F THE ASSESSEE NEED TO BE ADMITTED AND LOOKED INTO. SINCE THIS ASPECT REQUIRES EXAMINATION OF FACTUAL RECORDS WHICH ARE NOT BEFORE US, WE REMIT THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER IS DIRECTED TO EXAMINE THE ADDITIONAL EVI DENCES BEING SUBMITTED BY THE ASSESSEE AND DECIDE AS PER LAW. 5. IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 24 TH DAY OF JUNE, 2015. SD/ - SD/ - (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER. NAGPUR, DATED: 24 TH JUNE, 2015. 3 ITA NO. 99/NAG/2014 COPY OF ORDER FORWARDED TO : 1. THE ASSESSEE. 2. REVENUE. 3. THE CIT(A) 4. THE CIT, NAGPUR. 5. THE D.R., ITAT, NAGPUR. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR WAKODE