Kisan Co operative Sugar Factory Ltd., Pilibhit V. DY.Commissinoer Of Income Tax, Bareilly

ITA 124/LKW/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1121 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 09-03-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: J S MINHAS
• Assessee Lawyers: SANJIV BANSAL
• Keywords: Corroborative evidences
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA NO. 124/LKW/2016 ASSESSMENT YEAR: 2011 - 12 THE KISAN COOPERATIVE SUGAR FACTORY LIMITED M AJHOLA PILIBHIT V. DY. CIT CIRCLE II BAREILLY T AN /PAN : AAAAT3673R (APP ELL ANT) (RESPONDENT) APPELLANT BY: SHRI SANJIV BANSAL, C.A. RESPONDENT BY: SHRI J.S. MINHAS, CIT (DR) DATE OF HEARING: 20 02 201 8 DATE OF PRONOUNCEMENT: 22 0 2 201 8 O R D E R PER P ARTHA SARATHI CHAUDHURY, J.M : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LD. CIT(A), BAREILLY DATED 22/12/2015 ON VARIOUS GROUNDS OF APPEAL. 2 . THE FACTS IN THIS CASE ARE THAT THE ASSESSEE, THE KISAN COOPERATIVE SUGAR FACTORY L TD., MAJHOLA, PILIBHIT IS A CO - OPERATIVE SOCIETY ENGAGED IN MANUFACTURING OF SUGAR AND OTHER ALLIED PRODUCTS. THE ASSESSEE FILED ITS RETURN OF INCOME FOR ASSESSMENT YEAR 2011 - 12 ON 23/9/2011 SHOWING NET LOSS OF RS.9,82,12,479/ - AFTER MAKING CERTAIN ADJUST MENTS AS REQUIRED UNDER THE PROVISIONS OF THE ACT. THE RETURN WAS SELECTED FOR SCRUTINY AND ASSESSMENT WAS COMPLETED UNDER SECTION 143(3) OF THE ACT AND WHILE PASSING THE ASSESSMENT ORDER , THE ASSESSING ITA NO .124/LKW/2016 PAGE 2 OF 3 OFFICER HAD MADE VARIOUS ADDITIONS/DISALLOWANCES AS APPEARING IN THE ASSESSMENT ORDER. 3 . BEING AGGRIEVED BY THE ADDITIONS MADE BY THE ASSESSING OFFICER , THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD. CIT(A). THE LD. CIT(A) CONFIRMED ALL THE ADDITIONS AS MADE BY THE ASSESSING OFFICER UP HOLDING THE ACTION OF THE ASSESSING OFFICER THAT NO EVIDENCES WERE FILED BEFORE THE ASSESSING OFFICER BY THE ASSESSEE TO SUBSTANTIVE ITS CLAIM AND IN SUPPORT OF ITS CONTENTIONS. 4 . AT THE TIME OF HEARING BEFORE US, THE LD. A.R. OF THE ASSESSEE SUBMITTED THAT ALL THE EVIDENCES WE RE FILED BEFORE THE ASSESSING OFFICER AND THE SAME ARE ON RECORD, THEREFORE, THE MATTER MAY BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR DECIDING THE SAME AFRESH AFTER CONSIDERING THE EVIDENCES FURNISHED BY THE ASSESSEE . 5 . THE LD. D.R. DID NOT HAVE A NY OBJECTION TO THE REQUEST MADE BY THE LD. A.R. OF THE ASSESSEE. 6 . WE HAVE PERUSED THE CASE RECORDS AND WE FIND THAT THE ORDER OF THE LD. CIT(A) CONFIRMING THE ADDITIONS/DISALLOWANCES IS ON THE BASIS THAT ASSESSEE WAS NOT ABLE TO SUBSTANTIATE THE MATTER BEF ORE THE ASSESSING OFFICER AND NO SUPPORTING EVIDENCES WERE FILED. HOWEVER, THE SUBMISSION OF THE LD. A.R. OF THE ASSESSEE IS THAT ALL THE EVIDENCES REQUIRED ARE ALREADY ON RECORD. WE ARE , THEREFORE, OF THE CONSIDERED VIEW THAT THE MATTER REQUIRES FRESH A DJUDICATION BY THE ASSESSING OFFICER. T HEREFORE , IN THE INTEREST OF JUSTICE, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO ADJUDICATE THE MATTER AFRESH AFTER AFFORDING REASONABLE O PPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE IS ALSO ITA NO .124/LKW/2016 PAGE 3 OF 3 DIRECTED TO APPEAR BEFORE THE ASSESSING OFFICER WITH ALL THE RELEVANT EVIDENCES TO SUBSTANTIATE ITS CLAIM. 7 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUN CED IN THE OPEN COURT ON 22 / 0 2 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22 ND FEBR UARY , 201 8 JJ: 2002 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR