Gouri Shankar Sharma, Angul V. CIT, Bhubaneswar

ITA 167/CTK/2014

• Counselvise Citation: 16722114 RSA 2014
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 13-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 263

Judgement Text

I.T.A. NO. 167 / CTK ./20 1 4 ASSESSMENT YEAR: 200 9 - 20 10 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE SHRI S .V. MEHROTRA (ACCOUNTANT MEMBER) , AND SHRI GEORGE MATHAN (JUDICIAL MEMBER) I.T.A. NO. 167 / CTK / 20 1 4 ASSESSMENT YEAR : 200 9 - 20 10 GOURI SHANKAR SHARMA, .................... .. ......... .. .APP ELL ANT AT BYE - PASS ROAD, P.O. TALCHER TOWN, DIST. ANGUL, ODISHA - 759 107 [PAN : A DR PS 561 3 H ] - VS. - COMMISSIONER OF INCOME TAX ,.......... , .... . RESPONDENT BHUBANESWAR, 3 RD FLOOR, RAJASWA VIHAR, AAYAKAR BHAWAN, BHUBANESWAR A PPEARANCES BY: SHRI P.K. MISHRA , A .R. , FOR THE ASSESSEE SHRI K. AJAY KUMAR , CIT, D.R, FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : OCTOBER 1 7 , 2 01 4 DATE OF PRONOUNCING THE ORDER : OCTOBER 21 , 201 4 O R D E R PER GEORGE MATHAN : TH IS IS AN APPEAL FILED BY THE ASSESSE E AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX , BHUBANESWAR PASSED UNDER SECTION 263 IN APPEAL MEMO NO. CIT/BBSR/263 /56/2013 - 14/11.441 - 443 DATED 31.03.2014 FOR THE ASSESSMENT YEAR 200 9 - 10 . 2 . SHRI P.K. MISHRA , A DVOCATE , REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI K. AJAY KUMAR, CIT , D.R, REPRESENTED ON BEHALF OF THE REVENUE . I.T.A. NO. 167 / CTK ./20 1 4 ASSESSMENT YEAR: 200 9 - 20 10 PAGE 2 OF 3 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD. AR THAT THE LD. CIT UNDER THE GUISE OF 263 HAS DIRECTED FOR FURTHER VERIFICATION AND CROSS VERIFICATION AND EXAMINATION OF ISSUES WHICH HAVE ALREADY BEEN VERIFIED BY THE ASSESSING OFFICER. LD. AR DREW OUR ATTENTION TO PAGE 9 - 12 OF THE PAPER BOOK, WHICH W ERE THE COP IES OF INCOME TAX ASSESSMENT PROCEEDINGS AND THE NOTICE ISSUED BY THE ASSESSING OFFICER IN THE COURSE OF ORIGINAL ASSES SM ENT, WHEREIN ALL THE ISSUES HAD BEEN CALLED FOR EXAMINATION. LD. AR FURTHER DREW OUR ATTENTION TO PAGES 13 TO 20, WHICH WAS THE COPY OF THE REPLIES FILED BY THE ASSESSEE IN RESPONSE TO THE NOTICES ISSUED. IT WAS THE SUBMISSION THAT EVEN IN THE ORDER OF LD. CIT HE HAS NOT SHOWN AS TO WHAT WAS THE ERROR IN THE ORDER OF THE ASSESSING OFFICER WHICH CAUSE PREJUDICED TO THE INTEREST OF THE REVENUE. IT WAS THE SUBMISSION THAT IN PARA 5 OF THE ORDER, LD. CIT SAYS THAT THERE IS NO PROPER EXAMINATION IN THE BANK ACCOUNT OF THE ASSESSEE, WHEREAS IN THE NOTICE ISSUED BY THE ASSESSING OFFICER AND THE REPLIES FILED THERETO ALL THE DEPOSITS HAVE BEEN EXAMINED. IT WAS THE SUBMISSION THAT THE ORDER PASSED UNDER SECTION 263 WAS LIABLE TO BE QUASHED. 4 . IN REPLY, LD. CIT, D . R . VEHEMENTLY SUPPORTED THE ORDER OF THE LD. CIT. 5 . WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. A PERUSAL OF THE ORDER OF LD. CIT IN PARA 5 SHOWS THAT THE REVISION IS DIRECTED ON THE GROUND THAT THERE IS NO PROPER EXA MINATION. FURTHER IN PARA 6 OF HIS ORDER SHOWS THAT THE ISSUES NEED FURTHER VERIFICATION/CROSS VERIFICATION AND EXAMINATION. A PERUSAL OF THE ORDER OF LD. CIT CLEARLY SHOWS THAT THE LD. CIT HAS NOT BEEN ABLE TO SPECIFICALLY POINT OUT AS TO WHAT WAS THE ERR OR COMMITTED BY THE ASSESSING OFFICER IN THE ASSESSMENT ORDER WHICH HAS CAUSED PREJUDICED TO THE INTEREST OF THE R EVENUE. IN THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE ORDER PASSED BY THE LD. CIT UNDER SECTION 263 IS UNSUSTAINABLE ON THE FACTS AS HAS BEEN DEMONSTRATED BY THE ASSESSEE. CONSEQUENTLY THE SAME STANDS QUASHED. 6 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST OCTOBER , 2014. SD/ - SD/ - S .V. MEHROTRA GEORGE MATH AN ( ACCOUNTANT MEMBER) ( JUDICIAL MEMBER) KOLKATA, THE 21 ST D AY OF OCTO BER , 201 4 I.T.A. NO. 167 / CTK ./20 1 4 ASSESSMENT YEAR: 200 9 - 20 10 PAGE 3 OF 3 COPIES TO : (1) THE ASSESSEE (2) THE DEPARTMENT (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL CUTTACK B ENCH, CUTTACK LAHA/SR. P.S.