Ambes Aqua Pvt. Ltd., Howrah V. ITO, WD-1(2), KOLKATA, Kolkata

ITA 1193/KOL/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9433 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2017
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Next Hearing Date: 06-02-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 27-05-2016
• Court: TRIBUNAL
• Department Lawyers: MD GHYAS UDDIN JCIT LD
• Keywords: Depreciation
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL,C BENCH,KOLK ATA BEFORE : SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL ME MBER AND SHRI DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO. 1193/KOL/2016 A.Y 2007-08 AMBES AQUA PVT. LTD VS. INCOME TAX OFFI CER PAN: AAECA 8744Q WARD 1(2), KOLKATA [APPELLANT] [RESPONDENT] APPELLANT BY : NONE APPEARED/ADJ. PETITIO N NOT FILED RESPONDENT BY : MD. GHYAS UDDIN, JCIT , LD.DR DATE OF HEARING : 06-02-2017 DATE OF PRONOUNCEMENT : 06-02-2017 ORDER PER SHRI PARTHA SARATHI CHAUDHURY, JM: THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEAL S) IN SHORT [ LD. CIT(A), 23, KOLKATA DATED 1 ST FEBRUARY, 2016 ON THE FOLLOWING GROUNDS:- 1) THAT FROM THE FACES AND CIRCUMSTANCES OF THE CAS E IT IS FIT FOR PREFERRING APPEAL. 2) THAT NON-ALLOWANCE OF DEPRECIATION ON COMPUT ER AS PER SCHEDULE IS UNJUSTIFIED, UNLAWFUL. 3) THAT ADDITION UNDER THE HEAD INCOME FROM UNDISCLOSED SOURCE RS.14,48,000/- IS ABSURD AND UNTENABLE. THE DIRECTOR AND MEMBERS OF THE COMPANY IN TIME OF NEED PROVIDED LOAN AND ADVANCES NOT EXCEEDING RS.1,50,000/-. THIS RS.14,48,000/- IS THE ROTATION OF RS.1,50,000/-. 4) THAT THE ASSESSEE CRAVES LEAVE OF ADDUCING ANY O THER EVIDENCES AT ANY STATE OF THIS APPEAL PROCEDURE. 2. THE BRIEF FACTS APPEARING IN THIS CASE ARE THAT THE ASSESSEE FILED ITS RETURN OF INCOME FOR THE ASSESSMENT YEAR UNDER CONSIDERATION I.E 2007-08 ON 11-10-2007 SHOWING TOT AL LOSS OF RS.29,406. PROCESSING WAS COMPLETED U/S. 143(1) OF THE ACT. EVENTUALLY THE CASE WAS SELECTED FOR SCRUTINY ASSE SSMENT AS PER CASS AST MODULE. NOTICE U/S. 143(2) OF THE ACT WAS ISSUED ON ITA NO. 1193/KOL/2016 AMB ES AQUA PVT. LTD 2 28.07.2008 AND DULY SERVED ON THE ASSESSEE. IN RESP ONSE TO WHICH, LD. A/R OF THE ASSESSEE COMPANY APPEARED FR OM TIME TO TIME AND FILED DETAILS/PARTICULARS. THE ASSESSEE CO MPANY ENGAGED IN THE BUSINESS OF MANUFACTURING OF PACKAGED DRINK ING WATER ON BEHALF OF VARIOUS CONCERNS AS JOB WORK. THE ASSESSE E MAINTAINED REGULAR BOOKS OF ACCOUNT WHICH WERE PRODUCED FOR VE RIFICATION DURING THE COURSE OF ASSESSMENT PROCEEDINGS ALONG W ITH VARIOUS DOCUMENTARY EVIDENCES, WHICH ARE EXAMINED AND TEST CHECKED BY THE AO. THEREAFTER, THE ASSESSMENT WAS COMPLETED U/ S. 143(3) OF THE ACT WITH TOTAL ASSESSED INCOME AT RS.14,86,320/ -. 3. AT THE TIME OF HEARING BEFORE US NONE APPEARED O N BEHALF OF ASSESSEE. WE HAVE PERUSED THE CASE RECORDS. WE FIND THAT AT THE FIRST APPELLATE STAGE THERE WAS NO APPEARANCE BY TH E ASSESSEE BEFORE THE LD. CIT(A). THEREFORE, THE RIGHTS AND LI ABILITIES WERE NOT DETERMINED BY THE CIT(A) SINCE ORDER PASSED EXP ARTE. THE STAND OF THE ASSESSEE WAS NOT PUT FORWARD BEFORE HI M. THEREFORE, THERE WAS NO ADJUDICATION SINCE NO ONE APPEARED FOR THE ASSESSEE AND ALSO FOR THE DEPARTMENT. UNDER THESE CIRCUMSTAN CES, WE ARRIVE AT OUR CONSIDERED VIEW FOR PROPER DETERMINAT ION OF RIGHTS AND LIABILITIES THIS CASE SHOULD BE SET ASIDE BACK TO THE FILE OF THE LD. CIT(A) FOR HIS FRESH ADJUDICATION AFTER HEARING THE PARTIES. WE ORDER ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESS EE ARE ALLOWED FOR STATISTICAL PURPOSE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 06-02-2017 SD/- SD/- DR. ARJUN LAL SAINI PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 06-02-2017 ITA NO. 1193/KOL/2016 AMB ES AQUA PVT. LTD 3 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT/ASSESSEE: M/S. AMBES AQUA PVT. LTD, HALDE R PARA VIDYA SAGAR POLLY, HOWRAH-711109. 2 RESPONDENT/DEPARTMENT : INCOME TAX OFFICER, WARD 1 (2), KOLKATA. 3. CIT, 4. CIT(A), 5. DR, KOLKATA BENCHES, KOLKATA **PP/SPS [ TRUE COPY ] BY ORDER, ASSTT REGISTRAR