2015 (10) TMI 380 - AT - Income Tax

ITAT Delhi dismisses Revenue's appeal & Assessee's Cross Objection over expense disallowance. Jurisdiction transfer noted.

Income Tax Officer, Ward 27 (2), New Delhi Versus M/s Goel Bricks Industries

Income Tax Officer, Ward 27 (2), New Delhi Versus M/s Goel Bricks Industries - TMI Issues:- Disallowance of expenses related to brick production, clay excavation, carriage expenses, and water courses without proper evidence.- Transfer of jurisdiction from ACIT, Circle, Barmer to ITO, Ward -27(2), New Delhi.- Appeal by the Revenue against the order of CIT(A) Jodhpur.- Cross objection by the Assessee against the same order.Analysis:Issue 1: Disallowance of expensesThe Revenue appealed the deletion of additions made on account of various expenses by the CIT(A). The ACIT had disallowed expenses totaling &8377; 37.83 lakhs, including brick production, clay excavation, and carriage expenses. The CIT(A) held that the Assessing Officer should have applied section 145 before making such disallowances. The CIT(A) rejected the books of account and computed a 1% increase in the Gross Profit rate, resulting in an addition of &8377; 2.95 lakhs. The ITAT, Jodhpur, found that the Revenue did not file any second appeal against the CIT(A)'s findings, indicating acceptance of the order. As a result, the ITAT dismissed the Revenue's appeal.Issue 2: Transfer of jurisdictionThe jurisdiction over the Assessee was transferred from ACIT, Circle, Barmer to ITO, Ward -27(2), New Delhi, under the administrative control of CIT-IX, New Delhi. This transfer was made pursuant to an order under section 127 of the Income Tax Act. The case records were transferred accordingly, and the appeal was eventually transferred to ITAT, Delhi from ITAT, Jodhpur. Despite requests for a Misc. application against the ITAT's order, the Department did not file one, leading to the finality of the Tribunal's decision.Issue 3: Appeal and Cross ObjectionThe Revenue's appeal was dismissed by the ITAT, Delhi, as the Tribunal's order had become final due to the absence of a second appeal by the Revenue. The Assessee withdrew the Cross Objection during the hearing, resulting in its dismissal. The final decision was pronounced on 29-8-2014, with both the Revenue's appeal and the Assessee's Cross Objection being dismissed.This detailed analysis covers the various issues involved in the legal judgment, including the disallowance of expenses, the transfer of jurisdiction, and the outcomes of the appeal and cross objection before the ITAT, Delhi.