Mahendra Kumar Salecha, CHENNAI V. ITO Non Corporate Ward 5(3), CHENNAI

ITA 1873/CHNY/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8483 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 04-06-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A. SUNDARARAJAN
• Keywords: Gross profit estimation
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./I.T.A. NO.1873/CHNY/2018 ! ' / ASSESSMENT YEAR : 2015-2016. SHRI.MAHENDRA KUMAR SALECHA, PROP. SUN BRIGHT MARKETING, 11 R. KASI CHETTY LANE, SATRASALA COMPLEX, IIND FLOOR, CHENNAI 600 079. [PAN AAMPM 8261F] VS. THE INCOME TAX OFFICER, NON CORPORATE WARD 5(3) CHENNAI ( / APPELLANT) ( /RESPONDENT) # $ % / APPELLANT BY : SHRI. D.ANAND, ADV &' # $ % /RESPONDENT BY : SHRI. A.SUNDARARAJAN, ADDL. CIT. ( ) $ * /DATE OF HEARING : 08-01-2020 +,'! $ * /DATE OF PRONOUNCEMENT : 20-01-2020 / O R D E R PER INTURI RAMA RAO , ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL S)-5, CHENNAI ITA NO.1873/2018 :- 2 -: (CIT(A) FOR SHORT) DATED 14.02.2018 FOR THE ASS ESSMENT YEAR (AY) 2015-2016. 2. THE APPEAL HAS BEEN FILED WITH A DELAY OF TWENTY T HREE DAYS. THE ASSESSEE FILED PETITION REQUESTING F OR CONDONING THE DELAY BY STATING THAT THE DELAY HAD OCCURRED ON AC COUNT OF APPEAL PAPERS GOT MIS-PLACED AND DELAY IS NEITHER WILLFUL NOR WANTON AND THEREFORE PRAYED FOR CONDONING THE DELAY. LD. DEP ARTMENTAL REPRESENTATIVE DID NOT RAISE ANY SERIOUS OBJECTI ON FOR CONDONING THE DELAY. IN THE CIRCUMSTANCES, WE CONDONE THE DELAY O F TWENTY THREE DAYS IN FILING THE APPEAL AND ADMIT THE APPEAL FOR ADJUDICATION. 3. THE BRIEF FACTS OF THE CASE ARE AS UNDER: THE APPELLANT IS AN INDIVIDUAL DERIVING INCOME FRO M IMPORT AND TRADING IN TOYS. THE RETURN OF INCOME FOR THE AY 2015-16 WAS FILED ON 17.08.2015 DISCLOSING TOTAL INCOME OF RS. 6,59,380/ -. AGAINST THE SAID RETURN OF INCOME, THE ASSESSMENT WAS COMPLETED BY T HE INCOME TAX OFFICER, NON CORPORATE WARD 5(3), CHENNAI, VIDE OR DER DATED 28.09.2017 PASSED U/S. 143(3) OF THE INCOME TAX ACT , 1961 (FOR SHORT THE ACT) AT TOTAL INCOME OF RS.10,70,216/-. WHI LE DOING SO, THE ASSESSING OFFICER DISALLOW GROSS PROFIT OF ADDITIO N OF G4,10,836/- ON ITA NO.1873/2018 :- 3 -: THE GROUND THAT VALUE OF GOODS IMPORTS IS LESS THAN THE VALUE SHOWN IN THE BOOKS OF ACCOUNTS. 4. BEING AGGRIEVED, AN APPEAL WAS PREFERRED BEFORE LD. CIT(A), WHO VIDE IMPUGNED ORDER DISMISSED THE APPEAL EX-PAR TE AFTER GIVING THREE OPPORTUNITIES. 5. BEING AGGRIEVED, THE APPELLANT IS IN APPEAL BEFORE US IN THE PRESENT APPEAL. 6. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATE RIAL ON RECORD. FROM THE PERUSAL OF THE IMPUGNED ORDER, IT IS CLEAR THAT ASSESSEE WAS GRANTED THREE OPPORTUNITIES TO REPRESE NT THE MATTER. HOWEVER, THE LD. CIT(A) HAD GIVEN PERIOD OF TEN DA YS ONLY WHICH IN OUR CONSIDERED OPINION IS NOT REASONABLE TIME. IN THE CIRCUMSTANCES, WE REMIT THIS MATTER BACK TO THE FILE OF LD. CIT(A) FOR FRESH ADJUDICATION ON THE MERITS OF THE APPEAL AFTER AFFORDING DUE OPP ORTUNITY OF HEARING TO THE APPELLANT IN ACCORDANCE WITH LAW. HENCE, APP EAL FILED BY THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES . ITA NO.1873/2018 :- 4 -: 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES ORDER PRONOUNCED ON 20TH DAY OF JANUARY, 2020 , AT CHENNAI. SD/- SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER -) / CHENNAI . / DATED: 20TH JANUARY, 2020 KV /0 $0& *12032'* / COPY TO: 0 1 . # / APPELLANT 3. 0 ( 4*056 / CIT(A) 5. 278 0& * 9 / DR 2. &' # / RESPONDENT 4. 0 ( 4* / CIT 6. 8:0;) / GF