Income Tax Appellate Tribunal - Mumbai
Iqra Steel & Tubes P. Ltd, Mumbai vs Dcit 6(3)(1), Mumbai on 26 December, 2017
आयकर अपील य अ धकरण, मंब ु ई यायपीठ, 'जे',मंब ु ई।
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, 'J' MUMBAI ी जो ग दर संह, या यक सद य एवं ी राजेश कुमार, लेखा सद य, के सम Before Shri Joginder Singh, Judicial Member, and Shri Rajesh Kumar, Accountant Member ITA No.7624/Mum/2016 Assessment Year: 2012-13 IQRA Steel & Tubes Pvt. Ltd. DCIT-6(3)(1), M/s. J.D. Sanghavi & Co. बनाम/ Aayakar Bhavan, Chartered Accountants, New Marine Lines, 409, Jolly Bhavan No.2, Vs. Mumbai-400020 7, New Marine Lines, Mumbai-400020 ( नधा!रती /Assessee) (राज व /Revenue) P.A.No.AABCI3088G नधा!रती क ओर से / Assessee by Ms. Ujjwala Patil राज व क ओर से / Revenue by Ms. N. Hemalatha-DR ु वाई क% तार&ख / Date of Hearing :
सन 26/12/2017
आदे श क% तार&ख /Date of Order: 26/12/2017
2 ITA No. 7 6 2 4 / M u m / 2 0 1 6
Iqra Steel & Tubes Pvt. Ltd.
आदे श / O R D E R
Per Joginder Singh (Judicial Member) The assessee is aggrieved by the impugned order dated 14/09/2016 of the Ld. First Appellate Authority, Mumbai, confirming the disallowance of transportation expenses u/s 40a(ia) of the Income Tax Act, 1961 (hereinafter the Act) amounting to Rs.14,69,311/-.
2. During hearing, Shri Ujjwala Patial, ld. representative for the assessee, contended that the submission made by the assessee were not considered in a required manner as the details of transportation expenses and PAN number of the transporter were given before the Ld. Commissioner of Income Tax (Appeal) but the same were not considered. It was contended that the assessee in a position to substantiate its claim, if one more opportunity is provided to the assessee. On the other hand, Ms. N. Hemalatha, ld. DR, defended the addition made by the Ld. Assessing Officer and confirmed by the Ld. Commissioner of Income Tax (Appeal).
2.1. We have considered the rival submissions and perused the material available on record. The facts, in brief, 3 ITA No. 7 6 2 4 / M u m / 2 0 1 6 Iqra Steel & Tubes Pvt. Ltd.
are that the assessee is a private limited company, engaged in business of trading of building material etc. declared total income of Rs.76,34,211/- on 27/09/2012 in its return, which was processed u/s 143(1) of the Act. The case of the assessee was selected for scrutiny, therefore, notices u/s 143(2) and 142(1) were served upon the assessee. The assessee attended the proceedings from time to time and furnished the details, called for as is evident from assessment order itself. While framing the assessment, it was observed by the Ld. Assessing Officer that TDS has not been deducted on the payments made to transporters. The assessee duly furnished the chart showing transportation charges paid to various parties along with their name and addresses, as is evidenced from para-6 and observation made therein. The disallowance was made by the Ld. Assessing Officer on the plea that PAN no. of such parties were not furnished. Before us, it was contended, on behalf of the assessee, that the necessary details along with PAN nos. are very much available with the assessee and if one more chances given, the assessee is in position to substantiate its claim. We are of the view that no person should be 4 ITA No. 7 6 2 4 / M u m / 2 0 1 6 Iqra Steel & Tubes Pvt. Ltd.
condemned unheard and even otherwise, as per Article-265 of Constitution of India, only due taxes has to be levied/collected, therefore, without going into much deliberation, we remand this file to the file of the Ld. Assessing Officer to examine the claim of the assessee afresh. The assessee is also at liberty to furnish necessary details, if any, to substantiate its claim. The assessee be given opportunity of being heard. Thus, the appeal of the assessee is allowed for statistical purposes only.
Finally, the appeal of the assessee is allowed for statistical purposes only.
This order was pronounced in the open court in the presence of ld. representatives from both sides at the conclusion of hearing on 26/12/2017.
Sd/- Sd/-
(Rajesh Kumar) (Joginder Singh)
लेखा सद#य / ACCOUNTANT MEMBER या$यक सद#य /JUDICIAL MEMBER
मब
ुं ई Mumbai; (दनांक Dated : 26/12/2017 f{x~{tÜ? P.S //. न.स.
आदे श क %$त'ल(प अ)े(षत/Copy of the Order forwarded to :
1. अपीलाथ- / The Appellant (Respective assessee)
2. ./यथ- / The Assessee.
3. आयकर आय1 ु त(अपील) / The CIT, Mumbai.5 ITA No. 7 6 2 4 / M u m / 2 0 1 6
Iqra Steel & Tubes Pvt. Ltd.
4. आयकर आय1 ु त / CIT(A)- , Mumbai,
5. 3वभागीय . त न ध, आयकर अपील&य अ धकरण, मब ुं ई / DR, ITAT, Mumbai
6. गाड फाईल / Guard file.
आदे शानस ु ार/ BY ORDER, स/या3पत . त //True Copy// उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील य अ धकरण, मब ुं ई / ITAT, Mumbai