Ajinkyatara Sahakari Sakhar Karkhana Ltd, Satara V. Deputy Commissioner of Income-tax, Satara Circle, Satara,

ITA 1767/PUN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 9551 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 14-11-2019
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Keywords: Capital receipt

Judgement Text

आयकर अपीलीय अिधकरण “ए” Ɋायपीठ पुणे मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकरअपीलसं. / ITA No.1767/PUN/2019 िनधाᭅरणवषᭅ / Assessment Year : 2004-05 Ajinkyatara Sahakari Sakhar Karkhana Ltd., A/p.Shaunagar Shendre, Dist. Satara – 415519. PAN: AAAAA 0510 E Vs . The Dy.Commissioner of Income Tax, Satara Circle, Satara. Appellant/ Assessee Respondent /Revenue Assessee by Shri Pratik Sandbhor – AR Revenue by Shri S P Walimbe – DR Date of hearing 08/06/2022 Date of pronouncement 07/07/2022 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the Assessee is directed against the order of ld.Commissioner of Income Tax(Appeals)-13, Pune, dated 31.07.2019 for the A.Y.2004-05. The Assessee has raised the following grounds of appeal: 1. On the facts and in the circumstances of the case the Id. CIT(A) has grossly erred in disposing of the appeal in liminie, on the ground that the appellant neither appeared nor filed an adjournment, ignoring the fact that the appellant had filed for an adjournment. 2. On the facts and in the circumstances of the case the order of CIT(A) is erroneous in as much as the same has been passed without granting the appellant enough time to represent the matter and produce relevant details. 3. On the facts and in the circumstances of the case Ld. CIT(A) has erred in sustaining the disallowance in respect of SICOM Sales Tax loan. ITA No.1767/PUN/2019 for A.Y. 2004-05 Ajinkyatara SSK Ltd., Vs. DCIT, Satara Circle, Satara (A) 2 4. On the facts and in the circumstances of the case the Id. CIT(A) has grossly erred in sustaining disallowance in respect of SICOM Sale Tax loan, considering the same to be Government dues and thus invoking section 43B. 5. On the facts and in the circumstances of the case and without prejudice to Ground No.3 the Id. CIT(A) has grossly erred in sustaining the disallowance of SICOM Sales Tax loan in as much as the same is in nature of capital receipt and hence the disallowance cannot be sustained.” 2. The appeal is time barred by 25 days. The assessee has filed an affidavit attributing the reasons of delay. We are satisfied with the reasons so stated. We, therefore, admit the appeal, for adjudication. 3. It is seen that the AO completed the assessment u/s.143(3) determining total loss at Rs.(-)7,01,69,940/- as against the assessee returned income for the year under consideration declaring its total loss at Rs.7,57,76,728/-. The ld.CIT(A) passed the order ex parte after recording in para 2.3 of the impugned order that three opportunities were given to the assessee, which were not availed. In the absence of any supporting material from the side of assessee, the ld.CIT(A) upheld the addition made by the Assessing Officer of Rs.44,20,887/-. In the aforesaid factual background, we deem it appropriate to grant another opportunity to the assessee to represent his case before the ld.CIT(A). The impugned order is set-aside and the matter is remitted to the file of the ld.CIT(A) with a direction to dispose of the appeal afresh on merits as per law after allowing reasonable opportunity of hearing to the assessee. In such fresh ITA No.1767/PUN/2019 for A.Y. 2004-05 Ajinkyatara SSK Ltd., Vs. DCIT, Satara Circle, Satara (A) 3 proceedings, the assessee will be at liberty to lead any fresh evidence as he considers expedient for his case. 4. In the result, the appeal is allowed for statistical purposes Order pronounced in the open Court on 7 th July, 2022. Sd/- Sd/- (S.S.GODARA) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 7 th July, 2022/ SGR* आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “ए” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकरअपीलीयअिधकरण, पुणे/ITAT, Pune.