M/s Kirpa Ram Mast Ram & Co., Kangra V. ITO, Palamur

ITA 1374/CHANDI/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5005 (ITAT-CHANDIGARH)
• Duration Of Justice: 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 19-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 144

Judgement Text

2 ITA NOS.1150-CHD-2016, 314 & 1314-CHD-2017- M/S KIRPA RAM MAST RAM & COMPANY, PALAMPUR, KANGRA 2. SINCE COMMON ISSUE IS INVOLVED IN ALL THE APPEAL S, HENCE, THEY HAVE BEEN HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CO MMON ORDER. THE MAIN CONTENTION RAISED BY THE ASSESSEE IN THESE APPEALS IS REGARDING THE ACTION OF THE ASSESSING OFFICER IN REJECTING THE BOOKS OF ACC OUNT OF THE ASSESSEE AND THEREBY FRAMING ASSESSMENT U/S 144 OF THE INCOME-TA X ACT, 1961 (IN SHORT 'THE ACT'), AS BEST JUDGMENT ASSESSMENT. 3. THE LD. COUNSEL HAS VEHEMENTLY CONTENDED THAT TH OUGH THE BOOKS OF ACCOUNT WERE DULY PRODUCED BEFORE THE ASSESSING OFF ICER, HOWEVER, THE ASSESSING OFFICER WRONGLY RECORDED THAT NO BOOKS OF ACCOUNT HAVE BEEN PRODUCED BEFORE HIM. A SPECIFIC PLEA WAS ALSO RAISE D BY THE LD. COUNSEL FOR THE ASSESSEE BEFORE THE CIT(A) THAT THE ASSESSING O FFICER HAS WRONGLY RECORDED IN THE ASSESSMENT ORDER THAT NO BOOKS OF ACCOUNT WE RE PRODUCED, WHEREAS, THE BOOKS OF ACCOUNT WERE PRODUCED BEFORE THE ASSESSING OFFICER ON THE VERY FIRST DATE OF HEARING AND HAD BEEN LYING FOR SUFFICIENT T IME WITH THE ASSESSING OFFICER. HENCE, THE LD. CIT(A) FAILED TO CONSIDER T HE ABOVE GROUND WHILE CONFIRMING THE ORDER OF THE ASSESSING OFFICER REJEC TING THE BOOKS OF ACCOUNT FOR NON-PRODUCTION. THE LD. COUNSEL BEFORE US HAS S UBMITTED THAT EVEN AS ON TODAY, THE ASSESSEE IS READY TO PRODUCE THE BOOKS O F ACCOUNT BEFORE THE ASSESSING OFFICER FOR HIS PERUSAL AND APPRECIATION OF THE EVIDENCES. 4. WE HAVE GONE THROUGH THE ORDER OF THE CIT(A) WH EREIN THE LD. CIT(A) HAS UPHELD THE REJECTION OF THE BOOKS OF ACCOUNT OB SERVING THAT THE ASSESSING OFFICER HAS NOTED THAT DESPITE SUFFICIENT OPPORTUNI TIES, NO BOOKS OF ACCOUNT WERE PRODUCED. HOWEVER, HE TOTALLY IGNORED THE CONT ENTION OF THE ASSESSEE THAT THE BOOKS OF ACCOUNT OF THE ASSESSEE WERE ALREADY P RODUCED BEFORE THE ASSESSING OFFICER AND THAT THE ASSESSEE WAS READY A ND WILLING TO PRODUCE THE BOOKS OF ACCOUNT BEFORE THE CIT(A) ALSO. 4 ITA NOS.1150-CHD-2016, 314 & 1314-CHD-2017- M/S KIRPA RAM MAST RAM & COMPANY, PALAMPUR, KANGRA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR