Multivision Infotech Pvt.Ltd., Ahmedabad V. The ACIT.,Cent.Circle-1(4), Ahmedabad

ITA 110/AHD/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67965 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2013
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 15-10-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 16-01-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SHUBRATA VERMA JDIT
• Assessee Lawyers: PRITESH SHAH
• Section: 144

Judgement Text

, , , , SMC, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, SMC BENCH . .. . . .. . , !' # ' !' # ' !' # ' !' # ' BEFORE SHRI G.C. GUPTA, VICE-PRESIDENT ITA NO.110/AHD/2012 [ASSTT.YEAR : 2008-2009] MULTIVISION INFOTECH P. LTD. 2 ND FLOOR, NARAYAN CHAMBERS NR.PATANG HOTEL, NEHRU BRIDGE CORNER ASHRAM ROAD,AHMEDABAD 380 009. PAN : AACCM 2016 P /VS. ACIT, CENT.CIR.1(4) AHMEDABAD. ( (( (%& %& %& %& / APPELLANT) ( (( ('(%& '(%& '(%& '(%& / RESPONDENT) )* + , #/ ASSESSEE BY : SHRI PRITESHSHAH . + , #/ REVENUE BY : SMT. SHUBRATA VERMA, JDIT / + *01/ DATE OF HEARING : 15 TH OCTOBER, 2013 234 + *01/ DATE OF PRONOUNCEMENT : 2-12-2013 #5 / O R D E R THIS APPEAL OF THE ASSESSEE FOR THE ASSESSMENT YEAR 2008-09 IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-I, AHME DABAD DATED 12.12.2011. 2. THE GROUND OF APPEAL OF THE ASSESSEE IS AS UNDER : 1. THAT THE LD.CIT(A) HAS ERRED IN CONFIRMING ADDIT ION OF RS.3,00,000/- ESTIMATING SUCH INCOME, WHICH IS R EQUESTED ITA NO.110/AHD/2012 -2- TO BE DELETED. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE ACCOUNTANT OF THE ASSESSEE-COMPANY HAS LEFT JOB, AN D THERE WAS A DISPUTE WITH THE ASSESSEES CHARTERED ACCOUNTANT, A ND THEREFORE, THE ASSESSEE COULD NOT FILE ITS RETURN OF INCOME NOR CO ULD COMPLY WITH THE NOTICE OF HEARING BEFORE THE AO AND THE CIT(A). HE SUBMITTED THAT THE ASSESSEE HAS LOSS OF ` 22,337 AS PER THE AUDITED ACCOUNTS, AND THE AO HAS ASSESSED AT INCOME OF ` 3,00,000/- WHICH WAS CONFIRMED BY THE CIT(A). THE LEARNED DR SUBMITTED THAT THE ASSE SSEE WAS TOTALLY NON-COOPERATIVE AND HAS NOT FILED ANY APPLICATION F OR ADJOURNMENT BEFORE THE AO AND THE CIT(A). SHE SUBMITTED THAT T HE CIT(A) HAS PROVIDED FIVE OPPORTUNITIES TO THE ASSESSEE, AND TH E ASSESSEE COULD NOT COMPLY WITH ANY OF THEM, AND THEREFORE, REVENUE AUT HORITIES ARE JUSTIFIED IN MAKING A FAIR ESTIMATE OF THE INCOME O F THE ASSESSEE EX PARTE UNDER SECTION 144 OF THE ACT. SHE RELIED ON THE O RDERS OF THE AO AND THE CIT(A). 4. I HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT THE ASSESSEE H AS BEEN TOTALLY NON-COOPERATIVE WITH THE REVENUE AUTHORITIES DURING THE ASSESSMENT PROCEEDINGS AS WELL AS BEFORE THE FIRST APPELLATE A UTHORITY I.E. CIT(A). I FIND THAT THE ASSESSMENT IN THIS CASE WAS FRAMED EX PARTE UNDER SECTION 144 OF THE ACT. THE ASSESSEE DID NOT FILE ANY DETAILS OF ITS ACCOUNTS, ALTHOUGH ITS AUDIT OF THE ACCOUNTS WAS CO MPLETED AS BACK AS 1-9-2008. I FIND THAT THE ASSESSEE HAS NOT FILED I TS RETURN OF INCOME NOR REQUESTED THE AO FOR ANY ADJOURNMENT IN THE MAT TER OF ITS ASSESSMENT. THE ASSESSEE ALSO HAS NOT COMPLIED WIT H ANY OF THE FIVE OPPORTUNITIES ALLOWED BY THE LEARNED CIT(A). IN TH ESE FACTS OF THE ITA NO.110/AHD/2012 -3- CASE, IT SEEMS THAT THE ASSESSEE WAS NOT INCLINED T O COMPLY WITH ANY OF THE STATUTORY NOTICED ISSUES FROM THE REVENUE AUTHO RITIES AND IT WILL NOT BE JUSTIFIED TO SET ASIDE THE ASSESSMENT ORDER OR THE APPELLATE ORDER PASSED BY THE LEARNED CIT(A) FOR PASSING DE NOVO ORDER. HOWEVER, I FIND THAT THE ASSESSEE HAS NET LOSS OF ` 22,337 AS PER ITS AUDITED ACCOUNTS. HOWEVER, IN THE ABSENCE OF ANY DETAILS O R EVIDENCE REGARDING ITS CAPITAL/LOSS AND OTHER ENTRIES IN THE ACCOUNT BOOK, I HOLD THAT THERE IS NO ALTERNATIVE BUT TO MAKE FAIR ESTIM ATE OF INCOME OF THE ASSESSEE ON THE BASIS OF THE AVAILABLE MATERIAL ON RECORD. I HAVE PERUSED THE ACCOUNT STATEMENTS OF THE ASSESSEE AS P RODUCED BEFORE THE TRIBUNAL. IN THE FACTS AND CIRCUMSTANCES OF THE CA SE, I HOLD THAT ENDS OF JUSTICE SHALL BE MET, IF THE INCOME OF THE ASSES SEE FOR THE RELEVANT YEAR IS ESTIMATED AT ` 2,00,000/- FOR THE YEAR UNDER CONSIDERATION, AS AGAINST THE INCOME OF ` 3,00,000/- ESTIMATED BY THE AO AND THE CONFIRMED BY THE LD. CIT(A), AND THE GROUND OF THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD