Standard Poly House (India),, Gandhinagar v. ITO, Ward-4,, Mehsana

ITA 196/AHD/2018 | 2013-2014
Pronouncement Date: 21-11-2019 | Result: Allowed

Appeal Details

RSA Number 19620514 RSA 2018
Assessee PAN ABQFS1667N
Bench Ahmedabad
Appeal Number ITA 196/AHD/2018
Duration Of Justice 1 year(s) 9 month(s) 30 day(s)
Appellant Standard Poly House (India),, Gandhinagar
Respondent ITO, Ward-4,, Mehsana
Appeal Type Income Tax Appeal
Pronouncement Date 21-11-2019
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 21-11-2019
Date Of Final Hearing 05-09-2019
Next Hearing Date 05-09-2019
Last Hearing Date 05-09-2019
First Hearing Date 17-07-2019
Assessment Year 2013-2014
Appeal Filed On 22-01-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENC H (BEFORE SHRI PRADIP KUMAR KEDIA ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD JUDICIAL MEMBER) ITA. NO: 196/AHD/2018 (ASSESSMENT YEAR: 2013-14) STANDARD POLY HOUSE (INDIA) PLOT NO. 828 NR. VIJAY MARBLE KOTHARI CHAR RASTA AT: SANETEJ TAL: KALOL DIST. GANDHINAGAR V/S ITO WARD-4 MEHSANA (APPELLANT) (RESPONDENT) PAN: ABQFS1667N APPELLANT BY : SHRI MEHUL THAKKAR A.R. RESPONDENT BY : SHRI VINOD TANWANI SR. D.R. ( )/ ORDER DATE OF HEARING : 05 -09-201 9 DATE OF PRONOUNCEMENT : 21 -11-2019 PER MAHAVIR PRASAD JUDICIAL MEMBER 1. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF THE LD. CIT(A) GANDHINAGAR AHMEDABAD DATED 13.11.2017 PER TAINING TO A.Y. 2013- 14 AND ASSESSEE HAS TAKEN SOLITARY FOLLOWING GROUND : ITA NO. 196/ AHD/2018 . A.Y. 2013-1 4 2 1 . BOTH THE LD. AO LD. AS WELL THE CIT(A) HAS ERRE D IN MAKING ADDITION MADE BY THE AO OF RS. 9 45 273/-OF THE ACT 1961 AND THE L D. CIT(A) HAS ALSO ERRED IN CONFIRMING THE SAME EVEN THOUGH IT WAS BROUGHT TO N OTICE THAT THE CASH WAS DIRECTLY DEPOSITED BY THE CUSTOMERS INTO BANK FROM THE OUTSIDE CITY AND GUJARAT STATE TOWARDS SALES MADE BY THEM. THE APPELLANT FIR M ACCOUNTS SUCH DIRECT CASH DEPOSIT IN TO THE BANK BY THE CREDITING THE CUSTOME R'S ACCOUNT IN ITS BOOKS OF ACCOUNT. 2. THE APPELLANT CRAVES LEAVE TO ADD ALTER OR DEL ETE ANY GROUND EITHER BEFORE OR IN THE COURSE OF HEARING OF THE APPEAL. 2. THE FACTS OF THE CASE ARE THAT THE APPELLANT IS A R EGISTERED FIRM AND EARNING INCOME FROM MANUFACTURING OF PVC PIPES AND HAS FILE D THE RETURN OF INCOME ON 29.09.2013 FOR RS. NIL. THE A.O. PASSED THE ASSE SSMENT ORDER U/S. 143(3) OF THE ACT ON 28.03.2016 MAKING THE ADDITION OF RS. 9 45 273/- TOWARDS CASH DEPOSITED IN THE BANK DIRECTLY BY THE CUSTOMERS ON THE GROUND THAT THE CASH DEPOSITED HAS NOT BEEN ROUTED THROUGH CASH BOOK. 3. THEREAFTER ASSESSEE FILED FIRST STATUTORY APPEAL BE FORE THE LD. CIT(A) AND FURNISHED COPIES OF THE LEDGER ACCOUNTS OF VARIOUS PARTIES WHO HAD DEPOSITED THE SAID CASH AMOUNTS DIRECTLY IN TO APPELLANTS FI RM BANK ACCOUNT BUT THE LD. CIT(A) HAS NOT APPRECIATED THE FACT AND SUBMISSION MADE BY THE APPELLANT BEFORE HIM AND SHE CONFIRMED ACTION OF LD. A.O. 4. NOW ASSESSEE HAS COME BEFORE US BY WAY OF FILING SE COND STATUTORY APPEAL. 5. WE HAVE GONE THROUGH THE RELEVANT AND IMPUGNED ORDE R AND HEARD BOTH THE PARTIES. AS WE CAN SEE THAT CASH AMOUNTING TO RS. 9 45 273/- WAS DIRECTED DEPOSITED BY THE CUSTOMER IN TO BANK ACCOUNT OF THE ASSESSEE FROM THE OUTSIDE ITA NO. 196/ AHD/2018 . A.Y. 2013-1 4 3 CITY AND GUJARAT STATE TOWARDS SALES MADE BY THEM. IN THE CURRENT YEAR ASSESSEE HAS TOTAL TURNOVER/GROSS RECEIPTS ARE OF RS. 647465 06/- AND GROSS PROFIT IS OF RS. 14639014/-. THE ASSESSEE IS IN THE BUSINESS OF MANUFACTURING AS COMPARE TO ITS GROSS RECEIPTS AN AMOUNT OF CASH DEPOSIT OF RS. 945273/- AND SAME IS SMALL AMOUNT AND IN BUSINESS SUCH CASH DEPOSITS ARE RECKO NED TO BE NORMAL INCIDENT. THE ASSESSEE FIRM ACCORDINGLY CREDITED THE CUSTOMER S ACCOUNT IN CASH BY DEPOSITING THE BANK ACCOUNT AND CREDIT CUSTOMERS AC COUNT. THUS WE GIVE BENEFIT OF DOUBTS TO THE ASSESSEE. THE APPEAL OF TH E ASSESSEE IS ALLOWED. 6. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED IN OPEN COURT ON 21 - 11- 2019 SD/- SD/- (PRADIP KUMAR KEDIA) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 21 /11/2019 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR. ITAT AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT AHME DABAD