National Transport Co. v. ITO, Ward-3, Bulandshahr
[Citation -2016-LL-0923-172]

Citation 2016-LL-0923-172
Appellant Name National Transport Co.
Respondent Name ITO, Ward-3, Bulandshahr
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 23/09/2016
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags tax audit report
Bot Summary: The assessee submitted an affidavit that no such 1 receipt was received. On these facts and circumstances I am of the considered view that this issue should be set aside to the file of the A.O. with the direction to verify the claim of the assessee that it had not received any amount from M/s Bikaneer Wala Foods Private Limited. In the result ground No. 2 of the assessee is allowed for statistical purposes. As we have set aside ground No. 2 to the file of the A.O., I set aside this ground also to the file of the AO. 5. In view of my decision to set aside the original assessment to the file of Assessing Officer and also in view of the factual dispute as to whether the assessee is maintaining books of accounts or not, specifically in the light of the tax audit report furnished by the assessee, I set aside this issue also to the file of Assessing Officer for fresh adjudication in accordance with law. In the result the appeal of the assessee is allowed for statistical purposes. In the result all the three appeals of the assessee are allowed for statistical purposes.


IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-3, NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA No.3970/Del/2014 ITA No.3971/Del/2014 ITA No.3972/Del/2014 AY: 2008-09 National Transport Co. vs. ITO, Ward 3 C/o Sh. Vinod Kumar Goel Bulandshahr 282, Boundary Road Civil Lines Meerut (UP) PAN: AAEFN 3974 C (Appellant) (Respondent) Appellant by : Shri Vinod Goyal, Adv. Respondent by : Sh. Amrit Lal, Sr.D.R. ORDER ITA No. 3970/Delhi/14 is filed by assessee directed against order of Commissioner of Income Tax (Appeals) Meerut dated 11.03.2014 for Assessment Year (A.Y.) 2008-09. 2. After hearing rival contentions I find that assessee states that he has not received any amount from M/s Bikaneer Wala Private Limited. assessee submitted affidavit that no such 1 receipt was received. Assessing Officer (A.O.) made addition on basis of form No. 26 AS. 3. On these facts and circumstances I am of considered view that this issue should be set aside to file of A.O. with direction to verify claim of assessee that it had not received any amount from M/s Bikaneer Wala Foods Private Limited. When certain facts are stated by way of affidavit, same cannot be ignored and brushed aside unless there is evidence to contrary. In result ground No. 2 of assessee is allowed for statistical purposes. 4. Ground No. 3 is on addition of Rs. 1,68,000/ . At page 10 Ld.CIT(A) confirmed this addition based on his conclusion that assessee was not able to explain gross receipts. Thus this ground is linked with decision to be taken by AO on ground No. 2. As we have set aside ground No. 2 to file of A.O., I set aside this ground also to file of AO. 5. Ground No. 1 and 4 are general in nature. 6. In result this appeal is allowed for statistical purposes. 7. ITA No. 3971/Delhi/14 is penalty levied under section 271(1)(c) of Income Tax Act, 1961 (the Act) on assessment made under section 144 of Act for A.Y. 2008-09. As I have set aside assessment for A.Y. 2008-09 in ITA No. 3970/Delhi/14 to file of Assessing Officer, this penalty levied under section 271(1) of Act is also set aside to file of A.O. 2 8. In result this appeal is allowed for statistical purposes. 9. ITA No.3972/Delhi/2014 is appeal against penalty levied under section 271A of Act. In view of my decision to set aside original assessment to file of Assessing Officer and also in view of factual dispute as to whether assessee is maintaining books of accounts or not, specifically in light of tax audit report furnished by assessee, I set aside this issue also to file of Assessing Officer for fresh adjudication in accordance with law. 10. In result appeal of assessee is allowed for statistical purposes. 11. In result all three appeals of assessee are allowed for statistical purposes. Order pronounced in Open Court on 23rd September, 2016. Sd/- (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER Dated: 23rd September, 2016 Manga 3 Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT - TRUE COPY - By Order, ASSISTANT REGISTRAR 4 National Transport Co. v. ITO, Ward-3, Bulandshahr
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