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Judgment
ORDER
This assessee’s appeal for Assessment Year 2013-14 arises against the Addl./JC IT(A), Udaipur’s DIN & order No. ITBA/APL/ S/250/2025-26/1082694029(1) dated 17.11.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the p arties at length. Case file perused.
It transp ires during the co urse of hearing that the first and fore most substantive issue between the par ties is that the additio n of Rs.25,09,120/- representing the assessee’s receipts coming from M/s Parsvanth Buildwell Pvt. Ltd. It is made clear that there is no dispute that the assessee already stands assessed for the same in the succeeding assessment year 2014-
Both the learned lower authorities however are of the view that given the fact that the said payee entity had deducted TDS in the preceding assessment year 2013-14 herein, the assessee deserves to be assessed for the same than in assessment year 2014-15. That being the case , this tribunal of the considered view in light of the fact that the assessee already stands assessed in the succeeding assessme nt year as per his computat ion, this double addition could no t be held to be sustainable in law. Deleted accor dingly.
Next comes the latter twin issues of sectio n 68 addition of Rs.5 ,00,000/- and ad-hoc disallowance of brokerage charges @ 10%; coming to Rs.3 ,48,370/-, respectively. A perusal o f the case file records that the assessee had duly pro ved identity, genuineness and creditworthine ss of Sh. Rajiv Kumar by filing all the relevant details in both the lower proceedings. This is indeed coupled with the fact that the very sum is duly repaid in the impugned assessment year as well. Deleted accordingly.
Coming to the last issue of brokerage disallowance @10%, it is very much apparent fro m perusal of the case records that the same appears to be a little on higher side which is restricted to 5% in very terms. Necessary computation shall follow as per law .
This assessee’s appeal is partly allowed.