Latest Expert Exchange Queries

GST Demo Service software link: https://ims.go2customer.com
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
 
 
 
 
Popular Search: Central Excise rule to resale the machines to a new company :: TDS :: ACCOUNTING STANDARD :: form 3cd :: articles on VAT and GST in India :: VAT RATES :: empanelment :: due date for vat payment :: ACCOUNTING STANDARDS :: VAT Audit :: TAX RATES - GOODS TAXABLE @ 4% :: cpt :: list of goods taxed at 4% :: ARTICLES ON INPUT TAX CREDIT IN VAT :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes
 
 
From the Courts »
 Radico Nv Distilleries Maharashtra Ltd. Vs. Commissioner Of Income Tax (Central)-Iii, New Delhi & ORS.
  Vijay Vishin Meghani vs. DCIT (Bombay High Court)
  Dayawanti vs. CIT (Supreme Court)
  Claris Life Sciences Limited vs. DCIT (ITAT Ahmedabad) (Special Bench)
 Vijay Vishin Meghani vs. DCIT (Bombay High Court)
 CIT vs. Balbir Singh Maini (Supreme Court)
 Dayawanti vs. CIT (Supreme Court)
 Claris Life Sciences Limited vs. DCIT (ITAT Ahmedabad) (Special Bench)
 Pr CIT vs. Reliance Capital Asset Management Ltd (Bombay High Court)
 H. Naginchand Kincha vs. Superintendent of Police (Karnataka High Court)
 Commissioner Of Income Tax Delhi-Ix, New Delhi Vs. M/s Arya Exports & Industries

M/s Metal Roofing Contractors (India) Pvt. Ltd.,B-1/1, Mayur Ma Krupa CHSL, Shimpoli Road, Borivali (W), Mumba-400 092 Vs. DCIT-9(2), Mumbai-20.
April, 15th 2013
                                                     `       . ',

 IN THE INCOME TAX APPELLATE TRIBUNAL `SMC', BENCH
                       MUMBAI

                               ,
                  BEFORE SHRI R. K. GUPTA, JM
                                   ITA No.842/Mum/2013
             (              Assessment Year :2009-2010)
     M/s        Metal      Roofing Vs. DCIT-9(2), Mumbai-20.
     Contractors (India) Pvt. Ltd.,
     B-1/1, Mayur Ma Krupa
     CHSL,      Shimpoli     Road,
     Borivali (W), Mumba-400 092
                                  PAN/GIR No. : AADCM 3036 A
          (         Appellant)      ..     (       Respondent)

                   /Assessee by        :     None
                 /Revenue by           :    Smt. Jothilakshmi Nayak

                   Date of Hearing :            4th April, 2013
                 Date of Pronouncement :             April, 2012

                                    ORDER

        This is an appeal by the assessee against the order dated 18-10-

2012 of leaned CIT(A)-20, Mumbai relating to the assessment year

2009-10.

2.      The assessee in its appeal is objecting in confirming the addition

of Rs.4,71,260/- under Section 41(1) of the Act.


3.      The AO by observing that liability is giving from the last so many

years, which is remained unpaid at the end of the assessee.

Accordingly, he brought the amount of liability at Rs.4,71,260/- to tax in

view of the provision of Section 41(1) of the Act.
                                     2
                                                            ITA No.842/2013





4.    The CIT(A) also confirmed the action of the AO. Decision of the

Hon'ble Supreme Court in the case of CIT Vs. Sugauli Sugar Works

Pvt. Ltd., reported in (1999) 236 ITR 518 (SC) was not found

applicable on the facts of the case by the learned CIT(A). Now, the

assessee is in appeal here before the Tribunal.


5.    None appeared on behalf of the assessee instead of service of

notice through Registered AD post. On the other hand, learned DR

placed reliance on the order of learned CIT(A).

6.    After considering the submission and perusing the material on

record, I am of the view that the matter should go back to the file of the

AO to examine the facts of the case once again. Nowhere it is borne

out from the order of the AO that the AO has made enquiry from the

party that whose account's liability has been shown. Due to some

reasons, confirmation from that party could not be filed by the

assessee, does not cease to exist. There is also no dispute that the

liability was genuine as in the year of liability arisen, has been allowed

by the department itself. Having onus lies upon the department to

prove that liability shown by the assessee has been ceased to exist,

therefore, to meet the end of justice, I set aside the issue to the file of

the AO to examine the case afresh after affording reasonable

opportunity of being heard to the assessee and after making direct

enquiry from the party on whose account liability has been shown in

the account of the assessee. I order accordingly.
                                            3
                                                                    ITA No.842/2013





7.    In the result, appeal of the assessee is allowed for statistical
purposes.




      Order pronounced in the open court on this 10th day of Apr.2013
                                                                  2013


                                                                 Sd/-
                                                               (       )
                                                              (R.K.GUPTA)
                                                               / JUDICIAL MEMBER
     Mumbai;                Dated : 10/04/2013
      /pkm,        PS
                        Copy of the Order forwarded to :
1.        / The Appellant
2.       / The Respondent.
3.                      / The CIT(A), Mumbai.
4.              / CIT
5.                                       / DR, ITAT, Mumbai

6.            Guard file.
                                   //True Copy//
                                                                             / BY ORDER,


                                                                   (Asstt.   Registrar)
                                                                         / ITAT, Mumbai
 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Contact Us

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions