MODER THREADS (INDIA) LTD., Jaipur V. DCIT, Jaipur

ITA 185/JPR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5348 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 10-03-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AJAY MALLIK CIT DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOE FLAG ;KNO] YS[KK LNL;] YS[KK LNL; ,OA JH YF YR DQEKJ] U;KF;D LNL; DS LE{K BEFORE: SHRI VIKRAM SINGH YADAV, AM & SHRI LALIET KUMAR, JM VK;DJ VIHY LA-@ ITA NO.185/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 . M/S. MODERN THREADS (INDIA) LTD. A-4, VIJAY PATH, TILAK NAGAR, JAIPUR CUKE VS. THE DCIT CIRCLE- 6 JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AABCM 1850 A VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI HIMANSHU GOYAL (C.A.) JKTLO DH VKSJ LS@ REVENUE BY: SHRI AJAY MALLIK, ADDL. CIT LQUOKBZ DH RKJH[K@ DATE OF HEARING : 14-03-2016 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 18-03-2016. VKNS'K@ ORDER PER SHRI LALIET KUMAR, J.M. THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF THE LD. CIT(A)-II, JAIPUR DATED 20-12-2013 FOR THE ASSESSMENT YEAR 2008-09 RA ISING THEREIN SOLITARY GROUND AS UNDER:- THAT THE LD. CIT(A) HAS ERRED IN CONFIRMING THE A CTION OF THE AO IN TREATING THE SUM OF RS. 5.40 LACS AS I NCOME OF THE A ON ACCOUNT OF REMISSION OF PRINCIPAL AMOUNT OF LOA N. THE ADDITION SUSTAINED IS ILLEGAL AND UNJUSTIFIED. 2 ITA NO. 185/JP/2014 M/S. MODERN THREADS (INDIA) LTD. VS. DCIT, CIRCLE- 6, JAIPUR 2.1 AT THE OUTSET OF THE HEARING, THE LD. AR OF THE ASS ESSEE ON THE ABOVE ISSUE RELIED ON THE ORDER DATED 22-01-2016 OF COORDINATE BENCH IN ASSESSEE'S OWN CASE FOR THE ASSESSMENT YEAR 2009-10 IN ITA NO. 622/JP/2 014 WHEREIN THE ISSUE IN QUESTION HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE BY THIS BENCH AND HE FURTHER PRAYED THAT THE SIMILAR ISSUE MAY BE DECIDED IN FAO VUR OF THE ASSESSEE BY CONSIDERING THE APPEAL OF THE ASSESSEE FOR THE ASSE SSMENT YEAR 2009-10 (SUPRA). 2.2 THE LD. DR VEHEMENTLY CONTENDED THAT THE ISSUE IN QUESTION WAS NOT PRESSED BY THE ASSESSEE BEFORE THE LD. CIT(A) AT THE TIME O F FIRST APPEAL. HENCE, THE LD. CIT(A) DISMISSED THIS GROUND OF APPEAL BEING NOT P RESSED BY THE ASSESSEE. THE LD. DR FURTHER PRAYED THAT THE ISSUE IN QUESTION IS NOT REQUIRED TO BE ADJUDICATED AS IT HAS BEEN DECIDED AGAINST THE ASSESSEE BY THE LD. CI T(A) BEING NOT PRESSED. 2.3 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND FROM THE RECORD THAT GROUND NO. 2 R AISED BEFORE THE LD. CIT(A) IN FIRST APPEAL WAS NOT PRESSED BY THE ASSESSEE. HENCE , THE SAME WAS DISMISSED BY THE LD. CIT(A) BEING NOT PRESSED BY THE ASSESSEE. WE FU RTHER FIND THAT THE LD. AR OF THE ASSESSEE ALSO HAS NOT MENTIONED DURING HEARING BEFO RE US THAT THE SOLITARY ISSUE WAS NOT PRESSED BEFORE THE LD. CIT(A). WE DEPRECATE THIS PRACTICE. IT IS THE DUTY OF THE LD. AR OF THE ASSESSEE TO BRING CORRECT FACTS B EFORE THE BENCH WHILE ARGUING THE 3 ITA NO. 185/JP/2014 M/S. MODERN THREADS (INDIA) LTD. VS. DCIT, CIRCLE- 6, JAIPUR APPEAL. IN VIEW OF THE ABOVE FACTS AND CIRCUMSTANCE S OF THE CASE, WE FIND THAT THE APPEAL OF THE ASSESSEE IS NOT MAINTAINABLE AND THE SAME IS DISMISSED. 3.0. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/03/2 016. SD/- SD/- FOE FLAG ;KNO YFYR DQEKJ ( VIKRAM SINGH YADAV ) (LALIET KUMAR) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 18 /03/2016 *MISHRA VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT-M/S. RAJASTHAN STATE MINES & MINERALS LTD., LALKOTHI, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- THE ACIT, CIRCLE-6, JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDRVIHY@ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 185 144/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR 4 ITA NO. 185/JP/2014 M/S. MODERN THREADS (INDIA) LTD. VS. DCIT, CIRCLE- 6, JAIPUR SL. NO. DATE INITIAL 1 DATE OF DICTATION 2 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER OTHER MEMBER 3 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S./P.S 4 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 5 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P.S./P.S. 6 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 7 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 8 THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER 9 DATE OF DISPATCH OF THE ORDER 5 ITA NO. 185/JP/2014 M/S. MODERN THREADS (INDIA) LTD. VS. DCIT, CIRCLE- 6, JAIPUR