M/s Hanuman Rice & Genteral Mills, Kaithal v. ACIT, Kurukshetra

ITA 954/CHANDI/2011 | 2008-2009
Pronouncement Date: 30-11-2011 | Result: Dismissed

Appeal Details

RSA Number 95421514 RSA 2011
Bench Chandigarh
Appeal Number ITA 954/CHANDI/2011
Duration Of Justice 1 month(s) 27 day(s)
Appellant M/s Hanuman Rice & Genteral Mills, Kaithal
Respondent ACIT, Kurukshetra
Appeal Type Income Tax Appeal
Pronouncement Date 30-11-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 30-11-2011
Assessment Year 2008-2009
Appeal Filed On 03-10-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL:B BENCH: CHA NDIGARH BEFORE SHRI H.L.KARWA VP&D K SRIVASTAVA AM ITA NO. 954/CHD/2011 ASSESSMENT YEAR: 2008-09 M/S HANUMAN RICE & GENERAL MILLS V ACIT CHEEKA (KAITHAL). KURUKSHETRA PAN: AAAFH-4317F APPELLANT BY: SHRI PERMIL KUMAR GOYAL RESPONDENT BY: SMT.JAISHREE SHARMA DATE OF HEARING : 29.11.2011 DATE OF PRONOUNCEMENT : 30.11.2011 ORDER D K SRIVASTAVA: THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 20.07.201 1 ON THE FOLLOWING GROUNDS: 1. AO ERRED IN LAW AND FACT IN MAKING ADDITION OF RS.3 20 803/- ON VARIOUS ACCOUNT IGNORING MISC. IN COME OF RS. FIVE LAC ALREADY DECLARED DURING SURVEY AND SUBSEQUENTLY REFLECTED IN RETURN OF INCOME TO COVER ANY POSSIBLE LEAKAGE & OMISSION FOUND DURING REGULAR ASSESSMENT. 2. FACTS OF THE CASE IN BRIEF ARE THAT THE ASSESS EE IS A RICE SHELLER. SURVEY OPERATIONS U/S 133A OF THE INCOME-TAX ACT WE RE CARRIED OUT BY THE DEPARTMENT AT THE BUSINESS PREMISES OF THE ASSE SSEE DURING WHICH THE ASSESSEE DECLARED ADDITIONAL INCOME OF RS.70.60 LAKHS AS UNDER: EXCESS CASH 5.20 LAKHS EXCESS STOCK 60.40 LAKHS MISC. 5.00 LAKHS TOTAL 70.60 LAKHS 3. THE AO AFTER EXAMINING THE ACCOUNTS OF THE ASSE SSEE ADDED/DISALLOWED A SUM OF RS.3 20 803/- FOR DETAILE D REASONS GIVEN IN THE ASSESSMENT ORDER. 4. AGGRIEVED BY THE ADDITIONS/DISALLOWANCES MADE BY THE AO THE ASSESSEE FILED APPEAL BEFORE THE CIT(A) WHICH WAS D ISMISSED BY HIM WITH THE FOLLOWING OBSERVATIONS: IN VIEW OF THE FACTS DISCUSSED ABOVE IT IS NOTED THAT TOTAL ADDITION/DISALLOWANCES WAS MADE BY THE AO AT RS.3 20 806/- WHICH IS CHALLENGED BY THE APPELLANT ON THE GROUND THAT THE SAME IS COVERED BY THE SURRENDER OF RS.5 00 000/- M ADE ON ITA 954/CHD/2011 M/S HANUMAN RICE & GEN MILLS KAITHAL 2 ACCOUNT OF ANY OMISSION FOUND DURING REGULAR ASSESS MENT AND HENCE NO FURTHER ADDITION/DISALLOWANCE IS CALLED FO R. THE PLEA OF THE APPELLANT IS NOT TENABLE SINCE THE ADDITIONAL I NCOME DECLARED DURING SURVEY WAS TO TAKE CARE OF THE UNEXPLAINED I NVESTMENT AND OTHER DEFICIENCIES DETECTED TILL THE DATE OF SU RVEY AND AS SUCH THE SAME CANNOT COVER THE EVENTS SUBSEQUENT T O THE DATE OF SURVEY. THE AO MADE SPECIFIC ADDITIONS/DISALLOW ANCES WHICH HAVE NOTHING TO DO WITH THE ADDITIONAL INCOME DECLA RED DURING SURVEY AND HENCE THE SAME IS CONFIRMED. THE GROUND OF APPEAL NO.2 IS AS SUCH REJECTED. 5. AGGRIEVED BY THE ORDER PASSED BY THE CIT(A) THE ASSESSEE IS NOW IN APPEAL BEFORE THIS TRIBUNAL. IN SUPPORT OF APPEA L IT WAS SUBMITTED THAT THE IMPUGNED ADDITIONS/DISALLOWANCES MADE BY THE AO WERE COVERED BY A SUM OF RS.5 00 000/- SURRENDERED BY THE ASSESSEE AS ADDITIONAL INCOME TO COVER MISCELLANEOUS DISCREPANCIES IN THE ACCOUNT AND THEREFORE THE IMPUGNED ADDITIONS/DISALLOWANCES SHOULD BE DELETED. 6. IN REPLY LD. DR SUPPORTED THE ORDER PASSED BY T HE CIT(A). 7. WE HAVE HEARD BOTH THE PARTIES AND CAREFULLY CON SIDERED THEIR SUBMISSIONS. THE LD. CIT(A) HAS DEALT WITH THE SUB MISSIONS MADE BY THE ASSESSEE IN HIS APPELLATE ORDER. WE ARE IN AGREEME NT WITH THE VIEW TAKEN BY THE CIT(A) THAT THE AMOUNT OF RS.5 00 000/ - SURRENDERED BY THE ASSESSEE AS ADDITIONAL INCOME TO COVER MISCELLANEOU S DISCREPANCIES DOES NOT COVER THE IMPUGNED ADDITIONS/DISALLOWANCES FOR THE REASON THAT THE IMPUGNED DISALLOWANCES/ADDITIONS RELATE TO THE POST SURVEY PERIOD. THE LD. CIT(A) HAS CORRECTLY APPRECIATED ALL THE RELEVA NT ASPECTS OF THE CASE AND THEREAFTER PASSED A WELL REASONED ORDER IN THIS BEHALF. WE ARE IN AGREEMENT WITH HIS ORDER AND THEREFORE CONFIRM THE SAME. 8. APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON 30 TH NOV. 2011. SD/- SD/- (H.L.KARWA) (D K SRIVASTAVA) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 30 TH NOV. 2011 POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE D.R INCOME-TAX DEPARTMENT CHANDIGARH ASSISTANT REGISTRAR ITAT CHANDIGARH