M/s. The Orissa State Co-operative Milk Producers Federation Ltd., Bhubaneswar V. DCIT, Circle-4(1), Bhubaneswar

CO 5/CTK/2017

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3634 (ITAT-CUTTACK)
• Duration Of Justice: 5 year(s) 2 month(s) 27 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 06-07-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 09-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE AND ARUN KHODPIA, ACCOUNTANT MEMBER The Orissa State Co Producers Federation Ltd., Plot No.D-2, Sahid Nagar, Bhubaneswar. PAN/GIR No. (Appellant Per Bench The asse revenue in ITA No.47/CTK/2017 against the order of the ld CIT(A) Bhubaneswar dated 28.10.2016 for the assessment year 2008 2. Shri B.K.Mahapatra/A.K.Sabat, ld AR appeared for the assessee Shri M.K..Gautam, ld CIT DR appeared for the revenue. IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI GEORGE MATHAN, JUDICIAL AND ARUN KHODPIA, ACCOUNTANT MEMBER C.O.No.05/CTK/2017 (in ITA No.47 /CTK/2017) Assessment Year : 2008-09 The Orissa State Co-op. Milk Producers Federation Ltd., Plot 2, Sahid Nagar, Bhubaneswar. Vs. DCIT, Circle 4(1), Bhubaneswar No.AABTT 3220 G (Appellant) .. ( Respondent Assessee by : Shri B.K.Mahapatra/A.K.sabat Revenue by : Shri M.K.Gautam, CIT ( Date of Hearing : 7/7 Date of Pronouncement : 7/7 O R D E R The assessee has filed the cross objection in the appeal filed by the revenue in ITA No.47/CTK/2017 against the order of the ld CIT(A) Bhubaneswar dated 28.10.2016 for the assessment year 2008 Shri B.K.Mahapatra/A.K.Sabat, ld AR appeared for the assessee Shri M.K..Gautam, ld CIT DR appeared for the revenue. Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER /CTK/2017) DCIT, Circle 4(1), Bhubaneswar Respondent) B.K.Mahapatra/A.K.sabat, ARs CIT (DR) 7/ 2022 7/2022 has filed the cross objection in the appeal filed by the revenue in ITA No.47/CTK/2017 against the order of the ld CIT(A)—3, Bhubaneswar dated 28.10.2016 for the assessment year 2008-09, Shri B.K.Mahapatra/A.K.Sabat, ld AR appeared for the assessee and Shri M.K..Gautam, ld CIT DR appeared for the revenue. C.O.No.05/CTK/2017 (in ITA No.47 /CTK/2017) Assessment Year : 2008-09 Page2 | 3 3. It was fairly agreed by both the sides that the assessment has been completed exparte u/s.144 of the Act. The assessee was unable to represent and produce all the details before the Assessing Officer. It was fairly agreed by both the sides that the revenue’s appeal in ITA No.47/CTK/2017 has been dismissed on merits. It was further submitted by the ld CIT DR that the expenses disallowed on estimated basis was on account of failure on the part of the assessee to produce all the vouchers before the AO. 4. In reply, ld AR submitted that the assessee is a Government undertaking and all the bills and vouchers are available. It was the submission that he had no objection if the issue is restored to the file of the AO for re-adjudication. 5. We have considered the rival submissions. Perusal of the assessment order shows that the Assessing Officer has made disallowance on estimate basis at 20% in the absence of books of accounts and bills and vouchers. It is also an admitted fact that the assessee did not produce the same before the AO. This being so, we are of the view that the issue of the estimated disallowance of expenditure must be restored to the file of the Assessing officer for re-adjudication and we do so. C.O.No.05/CTK/2017 (in ITA No.47 /CTK/2017) Assessment Year : 2008-09 Page3 | 3 6. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 7/7/2022. Sd/- sd/- (Arun Khodpia) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 7/7/2022 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : The Orissa State Co-op. Milk Producers Federation Ltd., Plot No.D-2, Sahid Nagar, Bhubaneswar 2. The Respondent. DCIT, Circle 4(1), Bhubaneswar 3. The CIT(A)-3, Bhubaneswar 4. Pr.CIT-3, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//