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TMI Blog2018 (5) TMI 1597X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to as 'the Act'),dated 12.03.2014. 2. The Grievances raised by the assesseeare as follows: 1. For that the Ld. Commissioner of lncome Tax (Appeals) erred in law & on facts in confirming disallowance u/s.40A(3) - Rs. 42,06,080/- made by the AO. 2. For that the Ld. CIT(A) erred in law & on facts in confirming undisclosed purchase of Rs. 1,24,200/- added by the AO. 3. For that the Ld. CIT(A) erred law & on facts in confirming AO's addition of rebate received Rs. 3900/-. 4.For that the Ld. CIT(A) erred in law & on facts in confirming addition of LOW Drawing Rs. 40,000/- made by the AO. 5. For that the Ld. CIT(A) erred in law & on facts confirming undisclosed bottle purchase Rs. 81,550/- added by the AO. 6. For that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Asansol Bottling Plant, where the amount of transactions includes the cost of goods and excise. The total transaction in a day where the amount of cost of goods has exceeded Rs. 20,000/- in a day and violated the provision of section 40A(3) of the Act and, therefore, Assessing Officer made disallowance to the tune of Rs. 42,06,080/-. 6. On appeal by the assessee, the ld. CIT(A) confirmed the addition made by Assessing Officer. Aggrieved by the order of ld CIT(A), the assessee is in appeal before us. 7. The ld. counsel for the assessee, at the outset itself submitted before us that the said issue is squarely covered by the Hon'ble ITAT, Kolkata in assessee's own case in ITA No.1034/Kol/2016, for A.Y 2010-11, wherein the Hon'ble Tribunal h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the decision of the tribunal, we direct that the addition made be deleted." 8. Learned Departmental Representative did not have much to say but he nevertheless relied upon the orders of the authorities below. 9. We have given a careful consideration to the rival submissions and perused the materials available on record. We note that the issue is squarely covered in favour of the assessee by the decision of the Coordinate Bench of ITAT, Kolkata in assessee's own case, in ITA No. 1034/Kol/2016 (supra) and there is no change in facts and law and the Revenue was unable to produce any material to controvert the aforesaid findings. Therefore, relying on the judgment of the Coordinate Bench (supra), we delete the addition of Rs. 42,06,080/-. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the assessee has submitted before us that theassessee has debited total purchases to the Profit and Loss account amounting to Rs. 48,35,023/-. The total amount mentioned in Form No.26AS excluding TCS is at Rs. 47,31,926/-. The ld. counsel for the assessee submitted that amount of Rs. 1,24,200/- which relates to Ground No.2 is part of Form No.26AS. The ld. counsel also drew our attention that empty bottles purchased by the assessee amounting to Rs. 81,550/- is also part of the total purchases shown in the Profit and Loss account. The difference in purchase of C.S, of Rs. 8,53,867/- is also part of form No.26AS. The ld. counsel submitted before us a chart showing reconciliation of Form No.26AS vis a vis the amount debited in Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee is unable to reconcile the said small difference. Therefore, we restrict the addition to the tune of Rs. 1,03,095/- difference between the purchases debited in Profit and Lossaccount and the purchases disclosed in Form No.26AS. 16. The ld. DR for the Revenue has fairly agreed with us for the difference which has to be disallowed to the tune of Rs. 1,03,095/-. Therefore, we restrict the disallowance made by the Assessing Officer in Ground No.2, 5 & 6 (in combined, that is altogether) to the tune of Rs. 1,03,095/-, as the assessee is not able to reconcile the difference. Hence, ground Nos. 2,5 and 6 are partly allowed andthe AO is directed to make the disallowance to the tune of Rs. 1,03,095/- on account of ground Nos.2,5 and 6 ra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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