Income Tax Appellate Tribunal - Delhi
M/S. Scan Holdings Pvt. Ltd., New Delhi vs Acit, New Delhi on 7 February, 2020
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH 'G', NEW DELHI
Before Sh. Kuldip Singh, Judicial Member
Dr. B. R. R. Kumar, Accountant Member
ITA No. 1463/Del/2017 : Asstt. Year : 2008-09
ITA No. 1464/Del/2017 : Asstt. Year : 2012-13
M/s Scan Holdings Pvt. Ltd., Vs Assistant Commissioner of
F-4, Shopping Complex, A-Block, Income Tax, Circle-22(2),
Meera Bagh, New Delhi-110087 New Delhi
(APPELLANT) (RESPONDENT)
PAN No. AABCS0852N
Assessee by : Sh. S. Krishnan, Adv.
Revenue by : Sh. Saras Kumar, Sr. DR
Date of Hearing: 20.01.2020 Date of Pronouncement: 07.02.2020
ORDER
Per Dr. B. R. R. Kumar, Accountant Member:
The prese nt appeals have been filed by the assessee against the orde rs of ld. CIT (A)-17, New Delhi dated 20.01.2017.
2. Since, the issues involved in both the appeals are common, they were heard together.
3. In ITA No. 1463/Del/2017 for the assessment year 2007-08, following grounds have been raised by the assessee:
"1. On the facts & in the circumstances of the case and in law, the CIT(A) erred in sustaining estimated addition of Rs.1,00,000 on account of cash expenses."
4. The lone ground in the appeal relates to the contention of the assessee against ad-hoc disallowance made by the Assessing Officer. The Assessing Officer made disallowance of Rs.1,00,000/- out of the car 2 ITA Nos. 1463 & 1464/Del/2017 Scan Holdings Pvt. Ltd.
running expenses, courier and postage expenses, miscellaneous expenses, printing and stationery, staff welfare and conveyance expenses on the ground that no bills/vouchers were produced to substantiate the claim of expenses and the expenses were claimed to have been incurred in cash and since, the Assessing Officer found the claim of the aassessee as non- verifiable, therefore, he disallowed Rs.1,00,000/- out of the same.
5. During the arguments before us, the ld. AR referred to the entire bills submitted before the authorities below and argued that the bills have not been duly considered by the revenue authorities. The ld. DR relied on the orders of the revenue.
6. Heard the arguments of both the parties and perused the material available on record.
7. On perusal of the facts and paper book filed before us, we find that the assessee has discharged the onus and allowability of the expenses by furnishing the relevant bills/vouchers before the Assessing Officer, which they failed to give due consideration. Under these circumstances, we hold that the authorities are not reasonable to disallow Rs.1,00,000/- out of the car running, courier & postage, printing & stationery, conveyance and staff welfare expenses. Therefore, appeal of the assessee on this ground is allowed.
8. In ITA No. 1464/Del/2017 for the assessment year 2012-13, following grounds have been raised by the assessee:
"1. On the facts & in the circumstances of the case and in law, the CIT(A) erred in sustaining estimated addition of Rs.2,00,000 on account of cash expenses."
9. The lone ground relate to contention of the aassessee against ad- hoc disallowance of Rs.2,00,000/- made by the Assessing Officer, out of car running, staff welfare and conveyance expenses. The disallowance was 3 ITA Nos. 1463 & 1464/Del/2017 Scan Holdings Pvt. Ltd.
made on the ground that no bills/vouchers of boarding and lodging charges were furnished.
10. During the arguments before us, the ld. AR referred to the entire bills submitted before the authorities below and argued that the bills have not been duly considered by the revenue authorities. The ld. DR relied on the orders of the revenue.
11. Heard the arguments of both the parties and perused the material available on record.
12. On perusal of the facts and paper book filed before us, we find that the assessee has discharged the onus and allowability of the expenses by furnishing the relevant bills/vouchers before the Assessing Officer, which they failed to give due consideration. Under these circumstances, we hold that the authorities are not reasonable to disallow Rs.2,00,000/- out of the car running, courier & postage, printing & stationery, conveyance and staff welfare expenses. Therefore, appeal of the assessee on this ground is allowed.
13. In the result, the appeals of the assessee are allowed. Orde r Pronounced in the Open Court on 07/02/2020.
Sd/- Sd/-
(Kuldip Singh) (Dr. B. R. R. Kumar)
Judicial Member Accountant Member
Dated: 07/02/2020
*Subodh*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
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