Sri Dhiren Kumar Sahoo, Dhenkanal v. ITO, Dhenkanal, Dhenkanal

ITA 167/CTK/2019 | 2014-2015
Pronouncement Date: 11-03-2021 | Result: Dismissed

Appeal Details

RSA Number 16722114 RSA 2019
Assessee PAN ARHPS7887F
Bench Cuttack
Appeal Number ITA 167/CTK/2019
Duration Of Justice 1 year(s) 9 month(s) 7 day(s)
Appellant Sri Dhiren Kumar Sahoo, Dhenkanal
Respondent ITO, Dhenkanal, Dhenkanal
Appeal Type Income Tax Appeal
Pronouncement Date 11-03-2021
Appeal Filed By Assessee
Tags 263
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 11-03-2021
Last Hearing Date 02-01-2020
First Hearing Date 10-03-2021
Assessment Year 2014-2015
Appeal Filed On 03-06-2019
Judgment Text
P A G E 1 | 4 IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE S/ SHRI C HANDRA MOHAN GARG JUDICIAL MEMBER AND LAXMI PRASAD SAHU ACCOUNTANT MEMBER ITA NO . 167 /CTK/201 9 ASSESSMENT YEAR : 2014 - 15 SRI DHIREN KUMAR SAHOO PROP. M/S. KANCHAN JEWELLERY MEENA B AZAR DHENKANAL VS. PR. CIT - 2 BHUBANESWAR PAN/GIR NO. ARHPS 7887 F (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI DAMODAR PATI AR REVENUE BY : SHRI M.K.GAUTAM CIT DR DATE OF HEARING : 10 / 3 / 20 2 1 DATE OF PRONOUNCEMENT : 11 / 3 /20 2 1 O R D E R PER BENCH THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE PR. CIT - 2 BHUBANESWAR BHUBANESWAR U/S.263 OF THE ACT FOR THE ASSESSMENT YEAR . 2014 - 15. 2. FACTS IN BRIEF ARE THAT IN THIS CASE THE ASSESSMENT U/S.143(3)/147 WAS COMPLETED ON 28.3.2016 BY THE ASSESSING OFFICER. THEREAFTER PR. CIT - 2 BHUBANESWAR ON PERUSAL OF ASSESSMENT RECORD FOUND THAT THE ASSESSING ITA NO.167/CTK/2019 ASSESSMENT YEAR : 2014 - 15 P A G E 2 | 4 OFFICER HAS PASSED THE ASSESSMENT ORDER WITHOUT MAKING PROPER ENQUIRY IN RESPECT OF PAYMENT TO M/S. SWARNA SAR ITA JEWELLERY THAT THE ASSESSEE HAS MADE PAYMENT OF RS.17 29 989/ - IN CASH IN A DAY EXCEEDING RS.20 000/ - AND TO M/S. MINAKSHI JEWELLER PVT LTD. CASH PAYMENT OF RS.1 61 409/ - IN CONTRAVENTION OF PROVISIONS OF SECTION 40A(3) OF THE ACT. HOWEVER OUT OF R S.1 61 409/ - THE AO HAS ONLY DISALLOWED RS.41 990/ - IN THE ASSESSMENT ORDER WHICH MAKES THE ASSESSMENT ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF THE REVENUE. THEREFORE THE PR. CIT SET ASIDE THE ASSESSMENT ORDER AND RESTORED THE MATTER BACK TO THE F ILE OF THE AO TO REDO THE ASSESSMENT ORDER AFTER MAKING NECESSARY VERIFICATION ON THE POINTS NOTED BY LD. PR. CIT. 3. AT THE TIME OF HEARING LD A.R. OF THE ASSESSEE SUBMITTED THAT HE HAS NO OBJECTION IN SETTING ASIDE THE ORDER BY THE PR. CIT - 2 BHUBANESWA R IN DIRECTING THE AO TO REDO THE ASSESSMENT BUT HE SUBMITTED THAT THE ASSESSING OFFICER BE DIRECTED TO CONSIDER WHILE PASSING THE ASSESSMENT ORDER IN PURSUANCE TO THE DIRECTION OF THE PR. CIT THAT IF THE ASSESSEE HAS MADE PAYMENT IN MULTIPLE TRANSACTION W HICH IS EXCEEDING LIMIT OF RS.20 000/ - THE SINGLE TRANSACTION NOT EXCEEDING THE SPECIFIED LIMIT SHOULD NOT BE ADDED BACK U/S.40A(3) OF THE ACT. 4. REPLYING TO ABOVE LD CIT DR SUPPORTED THE ORDER U/S.263 OF THE ACT. ITA NO.167/CTK/2019 ASSESSMENT YEAR : 2014 - 15 P A G E 3 | 4 5. ON CAREFUL CONSIDERATION OF THE RI VAL SUBMISSIONS WE FIND THAT THE LD PR. CIT BY VIRTUE OF REVISIONARY ORDER U/S.263 DIRECTED THE AO TO PASS THE FRESH ASSESSMENT ORDER ON THE GROUND THAT WHILE MAKING THE ASSESSMENT ORDER THE AO HAS NOT CONSIDERED THE PAYMENT MADE IN A SINGLE DAY IN CONT RAVENTION OF PROVISIONS OF SECTION 40A(3) OF THE ACT. BEFORE US THE CONTENTION OF THE LD A.R. I S THAT THE ASSESSING OFFICER WHILE PASSING THE ASSESSMENT ORDER IN PURSUANCE TO ORDER U/S.263 OF THE ACT SHOULD CONSIDER THAT IF THE ASSESSEE HAS MADE PAYMENT IN MULTIPLE TRANSACTION WHICH IS EXCEEDING THE LIMIT OF RS.20 000/ - THE SINGLE TRANSACTION NOT EXCEEDING THE SPECIFIED LIMIT SHOULD NOT BE DISALLOWED U/S.40A(3) OF THE ACT. THEREFORE WE UPHOLD THE ORDER U/S.263 OF THE ACT WITH THE RIDER THAT WHILE MAKI NG THE ASSESSMENT ORDER THE AO IS DIRECTED TO CONSIDER THE CONTENTION OF THE ASSESSEE AS NOTED ABOVE. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISSED AS INDICATED ABOVE. ORDER PRONOUNCED ON 11 / 3 /20 2 1 . S D/ - SD/ - ( LAXMI PRASAD SAHU ) ( CHANDRA MOHAN GARG ) ACCOUNTANT MEMBER JUDICIAL MEMBER CUTTACK; DATED 11 / 3 /20 2 1 B.K.PARIDA SPS (OS) ITA NO.167/CTK/2019 ASSESSMENT YEAR : 2014 - 15 P A G E 4 | 4 COPY OF THE ORDER FORWARDED TO : BY ORDER SR . PVT. S ECRETARY ITAT CUTTACK 1. THE APPELLANT : SRI DHIREN KUMAR SAHOO PROP. M/S. KANCHAN JEWELLERY MEENA B AZAR DHENKANAL 2. THE RESPONDENT. PR. CIT - 2 BHUBANESWAR 3. THE CIT(A) - BHUBANESWAR 4 . DR ITAT CUTTACK 5 . GUARD FILE. //TRUE COPY//