Gaurav Export Trades P. Ltd., CHENNAI V. ITO, Coimbatore

MA 143/CHNY/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6414 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-04-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 21-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S VIJAYAPRABHA
• Assessee Lawyers: S SRIDHAR
• Section: 40A(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI ... , . !, # !$ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER %% / M.P. NO.143/CHNY/2017 (IN I.T.A. NO.3075/MDS/2016) & '& / ASSESSMENT YEAR : 2012-13 M/S GAURAV EXPORT TRADES PVT. LTD., C/O SHRI S. SRIDHAR, SH. A.S. SRIRAMAN, ADVOCATES, NEW NO.14, OLD NO.82, FLAT NO.5, 1 ST AVENUE, INDIRA NAGAR, ADYAR, CHENNAI - 600 020. PAN : AABCG 0846 Q V. THE INCOME TAX OFFICER, COMPANY WARD 2, COIMBATORE. ()*& /PETITIONER) ()+*,/ RESPONDENT) )*& . / /PETITIONER BY : SHRI S. SRIDHAR, ADVOCATE )+*, . / / RESPONDENT BY : MS. S. VIJAYAPRABHA, JCIT 0 . 1# / DATE OF HEARING : 27.04.2018 23' . 1# / DATE OF PRONOUNCEMENT : 27.04.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE ASSESSEE HAS FILED THE PRESENT MISCELLANEOUS PETITION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER O F THIS TRIBUNAL DATED 23.02.2017. 2 M.P. NO.143/CHNY/17 2. SHRI S. SRIDHAR, THE LD.COUNSEL FOR THE ASSESSEE , SUBMITTED THAT THE ASSESSING OFFICER DISALLOWED 23,14,227/- UNDER SECTION 40A(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE A CT') FOR PAYMENT MADE BY THE ASSESSEE IN EXCESS OF 20,000/- IN CASH. ACCORDING TO THE LD. COUNSEL, THE ASSESSEE HAS MADE ADVANCE TO M /S DEVA AGENCIES TO THE EXTENT OF 4,25,000/- WHICH WAS NOT CLAIMED AS EXPENDITURE, THEREFORE, THE DISALLOWANCE IS NOT CAL LED FOR. 3. ON THE CONTRARY, MS. S. VIJAYAPRABHA, THE LD. DE PARTMENTAL REPRESENTATIVE, SUBMITTED THAT THE CIT(APPEALS) EXA MINED THIS ISSUE AT PARA 10 OF HIS ORDER AND FOUND THAT THE AS SESSEE PAID ADVANCE FOR PURCHASES AND STATED TO HAVE BEEN INCUR RED FOR THE PURPOSE OF BUSINESS FOR SETTLEMENT OF BILLS. ACCOR DING TO THE LD. D.R., THIS IS NOT AN ERROR WHICH IS APPARENT ON THE FACE OF THE RECORD. THEREFORE, THE MISCELLANEOUS PETITION CANNOT BE ENT ERTAINED. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. THE SCOPE OF SECTION 254(2) OF THE ACT IS ONLY TO RECTIFY AN ERR OR WHICH IS APPARENT ON THE FACE OF THE RECORD. IN THE CASE BEFORE US, THE ASSESSEE CLAIMS THAT PAYMENT MADE TO M/S DEVA AGENCIES IS ON LY AN ADVANCE AND NOT CLAIMED AS EXPENDITURE IN THE PROFI T & LOSS ACCOUNT. THIS FACT IS NOT APPARENT ON THE FACE OF RECORD. THEREFORE, 3 M.P. NO.143/CHNY/17 THIS CANNOT BE ENTERTAINED IN THE PROCEEDING UNDER SECTION 254(2) OF THE ACT. THEREFORE, THIS TRIBUNAL DO NOT FIND ANY MERIT IN THE PETITION FILED BY THE ASSESSEE. ACCORDINGLY, THE SAME IS DI SMISSED. 5. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH APRIL, 2018 AT CHENNAI. SD/- SD/- (. ! ) ( ... ) (S. JAYARAMAN) (N.R.S. GANESAN) # / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 27 TH APRIL, 2018. KRI. . )16% 7%'1 /COPY TO: 1. )*& / PETITIONER 2. )+*, /RESPONDENT 3. 0 81 () /CIT(A) 4. 0 81 /CIT 5. %9 )1 /DR 6. :& ; /GF.