Maheswar Panda, Bhubaneswar V. ITO, Sambalpur

ITA 133/CTK/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5438 (ITAT-CUTTACK)
• Duration Of Justice: 2 year(s) 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 04-07-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 27-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K PRADHAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.133/CTK/2015 ASSESSMENT YEAR : 2009 - 2010 MAHESWAR PANDA, PLOT NO.GN - 4, GANDAMUNDA, KHANDAGIRI, BHUBANESWAR. VS. ITO, WARD 2(1 ), 3 RD FLOOR, AAYAKAR BHAVAN, BHUBANESWAR PAN/GIR NO. ADAPP 6357 J (APPELLANT ) .. ( RESPONDENT ) ITA NO.157/CTK/2015 ASSESSMENT YEAR : 2009 - 2010 ITO, WARD 2( 1), 3 RD FLOOR, AAYAKAR BHAVAN, BHUBANESWAR. VS. MAHESWAR PANDA, PLOT NO.GN - 4, GANDAMUNDA, KHANDAGIRI, BHUBANESWAR. PAN/GIR NO.ADAPP 6357 J (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE REV ENUE BY : SHRI D.K.PRADHAN, DR DATE OF HEARING : 16 /08/ 2017 DATE OF PRONOUNCEMENT : /08/ 2017 O R D E R PER N.S.SAINI, AM THESE ARE CROSS AP PEAL S FILED BY THE ASSESSEE AND THE REVENUE AGA INST THE ORDER OF THE CIT(A) - II, BHUBANESWAR DATED 27.1.2015 FOR THE ASSESSMENT YEAR 2009 - 2010. 2. THE APPEALS FILED BY THE ASSESSEE AND THE REVENUE WERE FIXED ON 4.7.2017 WHEN NO ONE APPEARED ON BEHALF OF THE ASSESSEE . HENCE, THE 2 BENCH ADJOURNED THE CASE TO 16.8.2017 AND DIRECTED TO ISSUE NOTICE TO THE ASSESSE. THE NOTICE OF HEARING SENT THROUGH SPEED POST TO THE ASSESSEE H AS BEEN RETURNED BACK UNSERVED WITH THE POSTAL REMARKS LONG DAYS D/C, HENCE RETURNED. THE ASSESSEE HAS NOT INTIMATED THE TRIBUNAL ANY OTHER ADDRESS TO SEND THE NOTICE OF HEARING. 3. IN THIS VIEW OF THE MATTER, FOLLOWING THE DECISION OF DELHI BENCHES O F THE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) PVT LTD., 38 ITD 320, WE DISMISS THE APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. 4 . THE REVENUE IN ITS APPEAL HAS TAKEN THE FOLLOWING GROUNDS OF APPEAL: 1 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) IS NOT JUSTIFIED IN LAW AS WELL AS ON FACTS BY DELETING ADDITION OF RS.16,85,000/ - UNDER HEAD UNEXPLAINED CASH DEPOSITS INTO BANK ACCOUNTS. 2 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) IS NOT JUSTIFIED IN LAW AS WELL AS ON FACTS BY DELETING ADDITION OF RS.60,000/ - UNDER HEAD UNEXPLAINED CHEQUE DEPOSITS INTO BANK ACCOUNTS. 3 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) IS NOT JUSTIFIED IN LAW AS WELL AS ON FACTS BY DELETING ADDITION OF RS.36,325/ - UNDER HEAD DISALLOWANCE OF EXPENSES ON ACCOUNT OF TRAVELLING & CONVEYANCE & TELEPHONE. 4 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN LAW IN NOT ACCEPTING THE EXAMINATION OF FINDINGS MADE BY THE AO ON THE IS SUES . 5 . AT THE TIME OF HEARING, LD D.R CONCEDED THAT THE TAX EFFECT IN THE APPEAL OF THE REVENUE IS RS.5,34,397/ - AND HENCE, IN VIEW OF THE CBDT CIRCULAR NO. NO.21/2015 DATED 10.12.2015 REVISING THE MONETARY LIMIT FOR FILING APPEAL TO THE TRIBUNAL TO RS.10 LAKHS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. 3 6 . IN VIEW OF ABOVE SUBMISSION OF LD D.R. WE DISMISS THE APPEAL FILED BY THE REVENUE CONSIDERING THE TAX EFFECT BELOW RS.10 LAKHS. 8. IN THE RESULT, APPEAL FILED BY THE ASSESSEE AND THAT OF REVENUE ARE DISMISSED. ORDER PRON OUNCED IN THE OPEN COURT ON 16 /08/2017. SD/ - SD/ - ( PAVAN KUMAR GADALE) ( N.S SAINI) JUDICIALMEMBER A CCOUNTANT MEMBER CUTTACK; DATED 16 /08/2017 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, CUTTACK 1. THE APPELLANT : /ASSESSEE: MAHESWAR PANDA, PLOT NO.GN - 4, GANDAMUNDA, KHANDAGIRI, BHUBANESWAR 2. THE RESPONDEN T/REVENUE . ITO WARD 2(4), BHUBANESWAR 3. THE CIT(A) - II, BHUBANESWAR 4. PR.CIT - II, BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//