Mundra House, 822-A, Shivaju Nagar, Civil Lines, jaipur-302006 9314501680, 9314501791

B.P.Mundra

मानवता से काम करें मन के सारे काम अपने आप हो जायेंगे

इस महीने के इम्पोर्टेंट काम
  • Home
  • GST
  • Cases Income tax
  • MCA
  • Subsidy
  • TDS
  • About Us
  • contact us
  • Login
    • Admin Login
    • Staff Login
    • User Login
  • Loan
  • Apply for job
  • Click Here
  • HOW TO
  • To file ITR for AY 2022-23 kindly give details (and also evidence if yes) of following
  • Categories
    • Articles
    • Authority
    • Benami Transactions (Prohibition)
    • client
    • Constitution of India
    • Finance Act 1994
    • formalities to be completed
    • GST
    • Happiness
    • HOW TO
    • Income Tax
    • Indian Evidence Act 1872
    • Job Application
    • MCA
    • Office system
    • Papers required for filing
    • Principal of mutuality
    • rajasthan public trust
    • Smile
    • Subsidy
    • work report

B.P.MUNDRA

Mundra House, 822-A, Shivaju Nagar, Civil Lines, jaipur-302006 9314501680, 9314501791


If the assessee for bona fide reasons was unable to bring materials on record to factually prove its claim before the departmental authorities and comes forward to file additional evidences before the Tribunal to prove such fact, the assessee should not be prevented from doing so. It is in the interest of natural justice and fairplay to allow assessee to establish its claim Income Tax Appellate Tribunal – Mumbai in the case of Fab Trade Private Limited, Mumbai vs Ito, Ward 15(1)(2), on 8 March, 2021.

B.P.Mundra > Income Tax > Cases Income tax > 46A Rule > If the assessee for bona fide reasons was unable to bring materials on record to factually prove its claim before the departmental authorities and comes forward to file additional evidences before the Tribunal to prove such fact, the assessee should not be prevented from doing so. It is in the interest of natural justice and fairplay to allow assessee to establish its claim Income Tax Appellate Tribunal – Mumbai in the case of Fab Trade Private Limited, Mumbai vs Ito, Ward 15(1)(2), on 8 March, 2021.

admin March 17, 2021 0 Comments

46A Rule, Additional evidence, AY 2013-14, In Favour of Assessee, ITAT Mumbai, Rule 46A

Additional evidence, Rule 46A

Loading

If the assessee for bona fide reasons was unable to bring materials on record to factually prove its claim before the departmental authorities and comes forward to file additional evidences before the Tribunal to prove such fact, the assessee should not be prevented from doing so. It is in the interest of natural justice and fairplay to allow assessee to establish its claim Income Tax Appellate Tribunal – Mumbai in the case of Fab Trade Private Limited, Mumbai vs Ito, Ward 15(1)(2), on 8 March, 2021.

 

Income Tax Appellate Tribunal – Mumbai, Fab Trade Private Limited, Mumbai vs Ito, Ward 15(1)(2), M on 8 March, 2021, ITA 3258/M/2019.

 

IN THE INCOME TAX APPELLATE TRIBUNAL, SMC BENCH, MUMBAI

BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI S.RIFAUR RAHMAN (ACCOUNTANT MEMBER)

 

I.T.A. No.3258 /Mum/2019                (Assessment year 2013-14)

Fab Trade Private Limited             vs    Income-tax Officer

E-2, Addl.Ambernath MIDC                 Ward-15(1)(2), Mumbai

Anand Nagar, Ambernath, Maharashtra-421 501

PAN : AABCF1786A

APPELLANT                                    RESPONDENT

 

Appellant by                               Shri Mohit Kisinchandani, AR

Respondent by                              Shri Sanjay J Sethi, DR

Date of hearing                            23-02-2021

Date of pronouncement                      08-03-2021

 

ORDER

Per Saktijit Dey (JM):

This is an appeal by the assessee against the order dated 04-02-2019 of learned Commissioner of Income-tax (Appeals)-24, Mumbai for the assessment year 2013-14.

 

2. The dispute in the present appeal is confined to disallowance of interest expenditure of Rs.33,72,240/-.

 

3. Briefly the facts are, the assessee is a resident company engaged in the business of reseller and distributor in chemicals. For the assessment year under dispute, assessee filed its return of income on 01-10-2013 declaring income of Rs.8,20,110/-. In course of assessment proceedings, the assessing officer noticed that for the year under consideration assessee has claimed interest expenditure of Rs.1,321,70,813/- on loans availed from bank. On further verification, he found that the assessee has given advances to M/s Adishank Chemicals Pvt Ltd. He, therefore, called upon the assessee to explain why notional interest income should not be estimated on the advances given to the concerned party. As alleged by the assessing officer, the assessee neither furnished any details nor a proper explanation. Stating that the assessee has incurred interest expenditure on loan availed, whereas, it has advanced money to sister concern without charging interest, the assessing officer computed notional interest on the advances given to the sister concern by applying the rate of 15.28% and disallowed an amount of Rs.33,72,240/-. Though, the assessee contested the aforesaid disallowance/addition before the first appellate authority; however, it was unsuccessful.

 

4. Re-iterating the stand taken before the departmental authorities, learned Counsel for the assessee submitted, the assessee has regular transaction with M/s Adishank Chemicals Pvt Ltd. He submitted, the assessee sells raw materials to the concerned party and purchases finished products from it. Thus, the disputed amount is only a trade advance receivable or to be adjusted against purchases made. He submitted, before the departmental authorities the assessee was unable to represent the case properly; hence, relevant facts and evidences to establish that it is a trade advance, could not be brought on record. Therefore, he submitted, assessee may be permitted to furnish additional evidence to establish its claim at this stage, which could not be furnished earlier. In this context, he drew our attention to application dated 5-02-2021 seeking permission for admission of additional evidence and the evidences attached therewith in the form of paper book. Further, he submitted, the interest bearing funds on which the assessee has paid interest are availed from cash credit and over draft account and entirely used for the purpose of business. He submitted, given an opportunity, assessee can establish the link between the borrowed funds and the purpose for which such funds have been utilized. Thus, he submitted, the issue may be restored back to the assessing officer for fresh adjudication, after examining the additional evidences filed by the assessee.

 

5. The learned Departmental Representative, though, expressed reservations with regard to admission of additional evidence, however, he submitted, matter can be re-examined by the assessing officer.

 

6. We have considered rival submissions and perused materials on record. As could be seen, from the stage of assessment proceedings itself the assessee has consistently taken the stand that the so-called advance with M/s Adishank Chemicals Pvt Ltd is in the nature of a trade advance as the assessee has a running account with the said party for sale of raw-materials and purchase of finished products. However, both the assessing officer and learned Commissioner (Appeals) have rejected the aforesaid claim of the assessee on the ground that necessary evidences were not filed.

 

7. Before us, the assessee has filed certain documentary evidences by way of additional evidence to prove its claim that the advances with the concerned party are in the nature of trade advances and further, the borrowed funds on which interest has been paid are entirely used for business purpose. In our view, if the assessee for bona fide reasons was unable to bring materials on record to factually prove its claim before the departmental authorities and comes forward to file additional evidences before the Tribunal to prove such fact, the assessee should not be prevented from doing so. It is in the interest of natural justice and fairplay to allow assessee to establish its claim. When the assessee contends that the entire borrowed funds has been utilized for the purpose of business and nexus between the borrowed funds and utilization can be established through proper documentary evidences, an opportunity should be given to the assessee to do so. Moreover, no prejudice is likely to be caused to the revenue if the assessee is permitted to furnish additional evidence to establish its claim, as; the additional evidences have to be examined on their own merits. Therefore, we are inclined to admit the additional evidences filed by the assessee. However, considering the fact that these evidences have been filed for the first time before the Tribunal, the revenue should be given an opportunity to verify the correctness of assessee’s claim vis-à-vis the additional evidences filed. Accordingly, we are inclined to set aside the impugned order of learned Commissioner (Appeals) and restore the issue to the file of assessing officer for fresh adjudication after due opportunity of being heard to the assessee. The assessing officer must examine the additional evidences along with the other evidences filed by the assessee on its own merits and grant sufficient opportunity to the assessee to establish its claim. With the aforesaid observations, grounds are allowed for statistical purposes.

 

8. In the result, appeal is allowed, for statistical purposes.

Order pronounced on        08 /03/2021.

Sd/-                                     sd/-

(S.RIFAUR RAHMAN)                               (SAKTIJIT DEY)

ACCOUNTANT MEMBER                                JUDICIAL MEMBER

Mumbai, Dt : 08/03/2021

Total Page Visits: 2890 - Today Page Visits: 6

← Previous post

Next post →

Leave a Comment

Your email address will not be published. Required fields are marked *

Categories

  • 1860 (1)
  • 1956 (1)
  • 1973 (1)
  • 2002 (1)
  • 2013 (1)
  • Articles (78)
  • Authority (1)
  • Benami Transactions (Prohibition) (1)
  • client (59)
  • Code of Criminal Procedure (0)
  • Companies Act (2)
  • Constitution of India (2)
  • Cr.P.C. (2)
  • Due dates (1)
  • Finance Act 1994 (0)
  • formalities to be completed (6)
  • GST (59)
  • Happiness (4)
  • HOW TO (47)
  • HUF Property (1)
  • Income Tax (310)
  • Indian Evidence Act 1872 (1)
  • Indian Penal Code (1)
  • invalid notice (1)
  • Job Application (0)
  • MCA (3)
  • Notice 148 (0)
  • Office system (9)
  • Papers required for filing (6)
  • PMLA Act (1)
  • Prevention of Money Laundering Act (1)
  • Principal of mutuality (1)
  • rajasthan public trust (2)
  • Smile (7)
  • Subsidy (5)
  • work report (2)
  • Archives

    • February 2025
    • January 2025
    • July 2024
    • October 2023
    • September 2023
    • July 2023
    • April 2023
    • March 2023
    • February 2023
    • January 2023
    • December 2022
    • October 2022
    • September 2022
    • August 2022
    • July 2022
    • June 2022
    • May 2022
    • April 2022
    • March 2022
    • February 2022
    • January 2022
    • December 2021
    • November 2021
    • September 2021
    • August 2021
    • July 2021
    • June 2021
    • May 2021
    • April 2021
    • March 2021
    • February 2021
    • January 2021
    • December 2020
    • November 2020
    • October 2020
    • September 2020
    • August 2020
    • July 2020
    • June 2020
    • May 2020
    • April 2020
    • March 2020
    • February 2020
    • January 2020
    • December 2019
    • November 2019

    Recent Posts

    • GST registration: को-ओनर जिसके नाम से बिजली का बिल है को GST Registration के लिए दूसरे ऑनर से एनओसी लेने की आवश्यकता नहीं है। FCA BPMUNDRA
    • FCA BPMUNDRA 9314501680 [email protected] क्या आयकर नोटिस 148 को इशू का नोटिस धारा 149 के अनुसार उस समय माना जाएगा जब वह नोटिस धारा 282 रूल 127 के प्रावधान के अंतर्गत प्रिसक्राइब्ड मोड ऑफ सर्विस पुरी की जाए। दिल्ली हाई कोर्ट ने 21 फरवरी 2025 मारुति सुजुकी की अपील को स्वीकार करते हुए धारा 148 में इशू नोटिस को इस आधार पर रद्द कर दिया कि नोटिस भले ही 31 मार्च 2016 को डिजिटल साइन हो गया लेकिन इश्यू 1 अप्रैल 2016 time barred होने के बाद को हुआ। Section 148, Section 282, Section 127, Section 149, time barred, notice, Delhi High Court, Quash, Quashed, Annulled
    • टीडीएस अमाउंट ज्यादा भर दिया है तो उसका रिफंड क्लेम करने के लिए जो सीबीडीटी ने 2 साल का लिमिटेशन पीरियड सर्कुलर से तय किया है के आधार पर आईटीओ रिफंड देने का मना नहीं कर सकता। यह सर्कुलर अल्ट्रा वायर्स दिल्ली हाई कोर्ट ने 31 जनवरी 2025 के फैसले में घोषित किया है। FCA BPMUNDRA
    • Rectify the filed GSTR-1 return in order to get ITC benefit
    • Whether claim of exemption under section 54F is allowable for capital gain on sale of shares which was sold in lieu of plot and construction and thereafter assessee made further payment towards remaining construction. The permission of transfer of property was not obtained in the time period as available in section 54F. ITAT KOLKATA allowed the deduction u/s 54F in the case of Basabdutta Dutta v. ITO vide IT APPEAL NO. 868 (KOL.) OF 2023 [AY 2014-15] on dated 11.07.2024. FCA BPMUNDRA 9314501680