M/s. Ravi Steel Industries, Nagpur V. Income Tax Officer Ward 4(4), Nagpur

ITA 1/NAG/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9652 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 04-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR MILIND BHUSARI
• Assessee Lawyers: MRS R K SOLOMON

Judgement Text

ITA NO. 1/NAG/2011 RAVI STEEL INDUSTRIES, NAGPUR IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH , NAGPUR BEFORE: SHRI P.K. BANSAL , ACCOUNTANT MEMBER AND SHRI D.T. GARASIA , JUDICIAL MEMBER ITA NO. 1 / NAG / 20 11 ASSESSMENT YEAR : 2005 - 06 M/S. RAVI STEEL INDUSTRIES NAGPUR VS. ITO WARD - 4(4) NAGPUR (APPELLANT) (RESPONDENT) PAN NO.AADFR 2486A APPELLANT BY: MRS. R.K. SOLOMON, ADVOCATE RESPONDENT BY: DR. MILIND BHUSARI, CIT(DR) DATE OF HEARING: 18.10.12 DATE OF PRONOUNCEMENT: 19.10.12 ORDER PER P.K. BANSAL, ACCOUNTANT MEMBER: - THIS APPEAL HAS BEEN FILED AGAINST THE ORDER OF THE CIT(A) DATED 18.11.2010 . THE FIRST GROUND TAKEN BY THE ASSESSEE READS AS UNDER: ON THE FACTS AND CIRCUMSTANCES AND THE LAW THE LD. CIT(A) ERRED IN HOLDING THAT THE ADEQUATE OPPORTUNITY WAS GIVEN TO TH E ASSESSEE EV EN THOUGH IT IS THE UNDISPUTED FACTS THAT THE A.O. HAS GIVEN NOTICE FOR PROPOSED ADDITION ON 27.12.2007 AND FIXING THE CASE FOR 28.12.2007 AT 3 P.M. 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY CONSIDERED THE SAME. THE LD. D.R. WAS ALSO FAIR ENOUGH TO CONSIDER THE FACTS. UNDER THESE FACTS AND CIRCUMSTANCES, WE SET ASIDE THE ORDER OF THE CIT(A) AS WELL AS THE ASSESSMENT ORDER AND DIRECT THE ASSESSING OFFICER TO MAKE A FRESH ASSESSMENT AFTER GIVING PROPER AND SUFFICIENT OPPORTUNITY T O THE ASSESSEE. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 19.10 .20 1 2 SD/ - SD/ - ( D.T. GARASIA ) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER VG/SPS NAGPUR DATED 19 TH O CTOBER , 20 1 2 ITA NO.1/NAG/2011 RAVI STEEL INDUSTRIES, NAGPUR 2 COPY TO 1 M/S. RAVI STEEL INDUSTRIES, 248, SMALL FACTORY AREA, BAGADGANJ, NAGPUR 2 ITO WARD - 4(4), NAGPUR 2 THE CIT - II , NAGPUR 4 THE CIT (A) , NAGPUR 5 THE DR, ITAT, NAGPUR 6 GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL NAGPUR