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03-09-2019, Speed Records, Section 69C, 250(6), 153A, Tribunal Amritsar

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4 months 2 weeks ago #10748 by amit
Section - 69C, 250(6), 153A, 132(1), 148, 147
Order Date - 03-09-2019
Favouring - Assessee
Court - Tribunal Amritsar
Appellant - Speed Records
Respondent - DCIT
Citation - 919Taxpundit68
Appeal No. - ITA Nos.449 & 450(Asr)/2017
Asstt. Year - 2007-08 & 2008-09



These appeals have been preferred by the assessee against the separate orders dated 31/05/2017 passed by the Ld. CIT(A)-1, Jalandhar, u/s 250(6) of the Income Tax Act, 1961 (hereinafter called as 'the Act') whereby the Ld. CIT(A) partly sustained the assessment framed u/s 153A/143(3) of the Act, relevant to Asst. Year:2007-08 and 2008-09.

2. As the issues involved in both the appeals are similar and identical, therefore, for the sake of convenience and brevity have been taken into consideration simultaneously for adjudication by way of this composite order.

3. Let us to first decide the appeal i.e. ITA No.449(Asr)/2017 relevant to Asst. Year:2007-08.

4. The Brief facts of the case are that the assessee had filed its original return of income on 31st October, 2007 by declaring total income of Rs.86,850/-. Subsequently a search operation u/s 132(1) of the Act was carried out at the assessee’s premises on 05.12.2012 and statutory notice u/s 153A of the Act was issued, in response to which, the assessee filed its return of income on dated 17.06.2014 declaring total income of Rs.86,853/, thereafter, statutory notices have been issued which were also replied by the assessee and the Assessing Officer ultimately made various additions. The assessee challenged the additions before the Ld. CIT(A), who though partly deleted the additions, however, sustained some of the additions against which the assessee has filed the instant appeal on the following grounds.

“1. That when no assessment proceedings were pending for this year on the date of search, since the return originally filed had already been assessed u/s. 143(2) prior to search, no reassessment c uld be made to make several additions, for want of any incriminating document found in search.

2. That the ld.CIT(A) grossly erred in upholding the adhoc addition of Rs.2,02,809/-, made by disallowance of 10% of the aggregate expenses under the head ‘audio & video making charge + publicity expenses’ sans a finding that said expenses were either not actually incurred or not incurred for business purposes.

2.1 That when a disallowance of Rs. 1,06,000/- had already been made earlier under regular assessment, no fresh disallowance could be made and sustained beyond the said figure, more so when no incriminating document was found in search to justify a higher disallowance.

3 That the ld.CIT(A) was wholly unjustified and unreasonable in sustaining the addition of Rs.5,00,000/- alleged to have been paid to Sh Sardool Sikander, pursuant to an agreement, rejecting the assessee’s contention that the same had been cancelled.

3.1 That when the above amount, in the hands of the recipient, was not found taxable by the latter’s AO, even after reopening his case u/s. 148, the ld.CIT(A) was not justified in still taking a contrary view, to confirm this addition.

4. That the ld. CIT(A) was unreasonable in sustaining the addition of Rs.1,06,000/- made by disallowance of expenses, on wholly erroneous grounds.

5. That the orders of the authorities below to the extent disputed herein, are against law and facts of the case.”

5. Ground No.1, The assessee did not raise this ground specifically, therefore, does not require any adjudication.

6. Ground No.2 relates to the sustaining of the ad hoc addition of Rs.2,02,809/- based on the disallowance of 10% of the aggregate expenses under the head ‘audio & video making charge + publicity expenses’. The assessee did not raise this ground specifically hence, does not require any adjudication.

7. Ground No. 2.1 & 4 are common in nature. The Assessing Officer made the addition of Rs.1,06,000/- on the reason that during the course of assessment proceedings for the Asst. Year: 2007-08, the assessee voluntarily agreed to the additions of Rs.56,000/- on un-vouched expenses and Rs.50,000/- on expenses of personal in nature, against which the assessee did not prefer any appeal, however, in the return u/s 153A the assessee has again not reflected these additions in the return of income. The Ld. CIT(A), on appeal affirmed the said addition on the reason that the assessee though voluntarily

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