Shree Kalka Cotex, Jalgaon V. Commissioner of Income-tax, (Appeal)-2, Nashik

ITA 1443/PUN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8754 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 30-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC , PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.1 443 /PUN/201 9 / ASSESSMENT YEAR : 20 08 - 09 SHREE KALKA COTEX, SURVEY NO.520/2/3, PAHUR ROAD, SHENDURNI, DIST. JALGAON 425001 PAN : A A YFS9248N ....... / APPELLANT / V/S. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 2 , JALGAON / RESPONDENT ASSESSEE BY : SHRI RAHUL HAKANI REVENUE BY : SHRI S.P. WALIMBE / DATE OF HEARING : 23 - 0 7 - 20 20 / DATE OF PRONOUNCEMENT : 23 - 0 7 - 2020 / ORDER PER S.S. VISWANETHRA RAVI , JM : THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER DATED 19 .0 7 .201 9 PASSED BY THE COMMISSIONER OF INCOME - TAX ( APPEALS ) - 2 , NASHIK FOR ASSESSMENT YEAR 20 08 - 09 . 2. THE ONLY ISSUE IS TO BE DECIDED IS AS TO WHETHER THE CIT(A) JUSTIFIED IN CONFIRMING THE ORDER PASSED BY THE ASSESSING OFFICER REGARDING DENIAL OF 2 ITA NO.1443/PUN/2019 SHREE KALKA COTEX SUBSIDY CLAIMED UNDER PACKAGED SCHEME OF INCENTIVES (PSI) OF GOVERNMENT OF M AHARASHTRA IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 3 . HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD . THE ASSESSEE IS A FIRM AND ENGAGED IN THE BUSINESS OF COTTON GINNING, PRESSING, MANUFACTURING AND TRADING IN COTTON & COTTON SEED. THE ASSESSEE CLAIMED SUBSIDY OF AN AMOUNT OF RS.12,30,000/ - RECEIVED FROM DIC UNDER PACKAGED SCHEME OF INCENTIVES (PSI) OF GOVERNMENT OF MAHARASHTRA. FURTHER, THE ASSESSEE HAS SHOWN THE SAID ENTIRE AMOUNT RECEIVED , CREDITED TO THE FIXED ASS ETS ACCOUNT. ON PERUSAL OF PARA NO.4 OF AO'S ORDER, WE NOTE THAT THE ASSESSEE COULD NOT FURNISH OR PRODUCE ANY DOCUMENTS IN SUPPORT OF ITS CLAIM SUCH AS ELIGIBILITY CERTIFICATE AND SANCTION LETTER IN THE ASSESSMENT PROCEEDINGS , T HEREBY, THE ASSESSING OFFI CER PROCEEDED TO TREAT THE SAME AS REVENUE RECEIPT AND ADDED THE SAME TO THE TOTAL INCOME OF ASSESSEE. THE CIT(A) CONFIRMED THE SAME VIDE ITS OBSERVATIONS MADE THEREIN IN PARA NO.7 OF IMPUGNED ORDER. THE CONTENTION OF LD. AR SHRI RAHUL HAKANI IS THAT THE RE WAS NO OPPORTUNITY FOR THE ASSESSEE TO SUBSTANTIATE ITS CLAIM BY PRODUCING RELEVANT EVIDENCES IN SUPPORT OF ITS CLAIM AND PRAYED TO REMAND THE MATTER TO THE FILE OF ASSESSING OFFICER FOR ITS FRESH VERIFICATION. THE LD. DR SHRI S.P. WALIMBE BY REFERRING TO PARA NO.7 OF IMPUGNED ORDER , SUBMITTED THAT THE CIT(A) HAS GIVEN OPPORTUNITY TO THE ASSESSEE IN THE REMAND PROCEEDINGS AND THE ASSESSEE COULD NOT PRODUCE EVIDENCES IN SUPPORT OF ITS CLAIM AND HOWEVER, AGREED FOR REMAND OF THE ISSUE TO THE FILE OF ASSES SING OFFICER. CONSIDERING THE SUBMISSIONS OF LD. AR AND LD. DR AND FACTS AND CIRCUMSTANCES RELEVANT TO THE ISSUE RAISED BEFORE US, WE DEEM IT PROPER TO RESTORE THE 3 ITA NO.1443/PUN/2019 SHREE KALKA COTEX ISSUE BACK TO THE FILE OF ASSESSING OFFICER FOR FRESH VERIFICATION. THE ASSESSEE IS DIRECT ED TO FILE EVIDENCES, IF ANY, IN SUPPORT OF ITS CLAIM BEFORE THE ASSESSING OFFICER. THEREFORE, THE ONLY GROUND RAISED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 4 . IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 2 3 R D JU LY , 20 20 . SD/ - SD/ - R.S. SYAL S.S. VISWANETHRA RAVI VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 2 3 R D JU LY , 20 20 GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT 3. THE CIT (APPEALS) - 2 , NASHIK . 4. THE PR. CIT - 2 , NASHIK . 5. DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / SR. PRIVATE SECRETARY , / ITAT, PUNE