Income Tax Appellate Tribunal - Chennai
Acit Corporate Circle 6(1), Chennai vs Sak Industries Private Limited, ... on 24 September, 2021
आयकर अपीलीय अिधकरण, 'बी' ायपीठ, चे ई।
IN THE INCOME TAX APPELLATE TRIBUNAL
'B' BENCH: CHENNAI
ी वी दु गाराव, ाियक सद एवं ी जी मंजूनाथा, लेखासद के सम%
BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND
SHRI G. MANJUNATHA, ACCOUNTANT MEMBER
आयकर अपील सं./ITA No.2225/Chny/2018
िनधारण वष /Assessment Year: 2013-14
The Asst. Commissioner of M/s. Sak Industries Pvt. Ltd.,
Income Tax, 27-F, Ranjith Road, Kotturpuram,
Corporate Circle-6(1), Vs. Chennai - 600 085.
Chennai. [PAN: AAGCS 3326Q]
(अपीलाथ /Appellant) ('(थ)/Respondent)
अपीलाथ) की ओर से/ Appellant by : Mr. G. Johnson, Addl. CIT
'(थ) की ओर से /Respondent by : Mr. Sanjeev Aditya M, CA
सुनवाई की तारीख/Date of Hearing : 06.09.2021
घोषणाकी तारीख /Date of Pronouncement : 24.09.2021
आदे श / O R D E R
Per V. Durga Rao, Judicial Member:
This appeal filed by the Revenue is directed against the order of the learned Commissioner of Income Tax (Appeals)-15, Chennai in I.T.A No.66/2016-17/CIT(A)-15 dated 26.04.2018 relevant to the Assessment Year 2013-14.
2. The only issue involved in this appeal is with regard to s. 40A(2)(b) of the Income Tax Act, 1961. The facts are in brief that the gross receipts do not tally with the Individual Transaction Statement. I.T.A No.2166/Chny/2017
:- 2 -:
The A.O has simply added the difference worked out by him. Before the Ld. CIT(A), it was submitted by the assessee that the ITRs and Service Tax Returns are fully reconciled. The A.O had not given the break-up of ITS and no opportunity was given to the assessee to reconcile the difference. The Ld. CIT(A) by considering the submissions of the assessee, directed the A.O to verify the assessee's reconciliation and to delete the addition if the assessee's submission is factually correct with reference to the assessment record.
3. We have heard both the sides, perused the materials available on record and gone through the orders of the authorities below. In this case, the Assessing Officer has, neither gave the break-up of ITS nor an opportunity to the assessee to reconcile the difference crept in the AIR data. Before the ld. CIT(A), the assessee has furnished the break- up of income offered to tax as per books of accounts and income as per service tax return and ITS. Therefore, the ld. CIT(A) has rightly directed the Assessing Officer to verify the assessee's reconciliation by giving an opportunity of being heard to the assessee. Thus, we find no infirmity in the order passed by the Ld. CIT(A). Accordingly, this ground of appeal raised by the Revenue is dismissed. I.T.A No.2166/Chny/2017
:- 3 -:
4. In the result, the appeal in ITA No.2225/Chny/2018 filed by the Revenue is dismissed.
Order pronounced on 24th September, 2021 in Chennai.
Sd/- Sd/-
( ी जी मंजूनाथा) (वी दु गाराव)
(G. MANJUNATHA) (V. DURGA RAO)
लेखासद /ACCOUNTANT MEMBER ाियक सद /JUDICIAL MEMBER
चे ई/Chennai, दनांक/Dated: 24th September, 2021. EDN/-
आदेश क ितिलिप अ ेिषत/Copy to:
1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आयु (अपील)/CIT(A) 4. आयकर आयु /CIT 5. िवभागीय ितिनिध/DR 6. गाड फाईल/GF