JBS Transport Private Limited, Jajpur V. ACIT, Cuttack

ITA 190/CTK/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 4263 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 27-04-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 22-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K PRADHAN
• Assessee Lawyers: D K SHETH
• Section: 145; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ( CUTTACK BENCH, CUTTACK ) BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH , JUDICIAL MEMBER I TA N O . 190 / CTK/2015 (ASSESSMENT YEAR : 20 1 0 - 1 1 ) M/S. JBS TRANSPORT PRIVATE LTD., VS. ACIT, CIRCLE 1 (1), C/O SATYABRATA MOHAPATRA, CUTTACK. 1 ST FLOOR, MOHAPATRA BLD., JAJPUR ROAD, NEAR GOPABANDHU CHHAK, JAJPUR 755 019. ( PAN : AABCJ5167F ) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI D.K. SHETH , AR REVENUE BY : SHRI D.K. PRADHAN , DR D ATE OF HEARING : 2 7 . 0 4 .2017 DATE OF PRONOUNCEMENT : 29 . 0 5 .2017 O R D E R PER KULDIP SINGH , JUDICIAL MEMBER : THE APPELLANT, M/S. JBS TRANSPORT PRIVATE LTD. (HEREINAFTER REFERRED TO AS THE ASSESSEE ) BY FILING THE AFORESAID APPEAL SOUGHT TO SET ASIDE THE ORDER DATED 2 9 .0 1 .201 5 PASSED BY THE COMMISSIONER OF INCOME - TAX (APPEALS) , CUTTACK QUA THE ASSESSMENT YEAR 20 1 0 - 1 1 ON THE GROUNDS INTER ALIA THAT : - L. FOR THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE ASSESSMENT AS MADE IS ARBITRARY AND UNJUSTIFI ED. 2. FOR THAT THE ORDER OF ASSESSMENT AS MADE U/S.143(3) / 144 IS IMPROPER AND BAD - IN - LAW . ITA NO . 1 90 / CTK ./2015 2 3. FOR THAT APPLICATION OF A RATE OF 4% ON GROSS RECEIPTS IS HIGHLY EXCESSIVE AND THE INCOME RETURNED BEING REASONABLE SHOULD HAVE BEEN ACCEPTED. 4. FOR THA T THE LEARNED COMMISSIONER ALSO FAILED TO APPRECIATE THE CONTENTIONS FURNISHED BY THE APPELLANT. 5. FOR THAT THE LEARNED COMMISSIONER IS NOT JUSTIFIED TO CONFIRM THE ASSESSMENT AND DISMISS THE APPEAL. 2. BRIEFLY STATED THE FACTS NECESSARY FOR ADJUDICA TION OF THE CONTROVERSY AT HAND ARE : DURING THE SCRUTINY PROCEEDINGS, ASSESSING OFFICER ISSUED QUESTIONNAIRE ALONG WITH NUMEROUS STATUTORY NOTICE UNDER SECTION 142 (1) OF THE INCOME - TAX ACT, 1961 SEEKING CERTAIN DETAILS FROM TIME TO TIME BUT T H E ASSESSEE HAS NOT PREFERRED TO PUT AN APPEARANCE BY FURNISHING REQUISITE DETAILS AND CONSEQUENTLY, AO PROCEEDED TO COMPLETE THE ASSESSMENT U/S 144 OF THE ACT B Y FURTHER INVOKING THE PROVISIONS CONTAINED U/S 145 (3) OF THE ACT . AO ESTIMATED THE GROSS PROFIT @ 4% OF RS.34,88,09,045/ - WHICH COMES TO RS.1,39,52,362/ - AND THEREBY ASSESSED THE TOTAL INCOME OF THE ASSESSEE AT RS.1,74,69,580/ - . 3. ASSESSEE CARRIED THE MATTER BY WAY OF FILING AN APPEAL BEFORE THE LD. CIT (A) WHO HAS CONFIRMED THE ORDER OF THE AO. FEELING A GGRIEVED, THE ASSESSEE HAS COME UP BEFORE THE TRIBUNAL BY FILING THE PRESENT APPEAL. 4. WE HAVE HEARD THE LD. AUTHORIZED REPRESENTATIVES OF THE PARTIES TO THE APPEAL, GONE THROUGH THE DOCUMENTS RELIED UPON AND ITA NO . 1 90 / CTK ./2015 3 ORDERS PASSED BY THE REVENUE AUTHORITIES BELOW IN THE LIGHT OF THE FACTS AND CIRCUMSTANCES OF THE CASE. 5. UNDISPUTEDLY EVEN DURING THE APPELLATE PROCEEDINGS, THE ASSESSEE HAS NOT APPEARED BEFORE THE LD. CIT (A) TO FURNISH THE REQUISITE DETAILS CALLED FOR BY THE LD. AO AND CONSEQUENTLY , CIT (A) PROCEE DED TO AFFIRM THE ASSESSMENT ORDER PASSED U/S 144 OF THE ACT. NO DOUBT, NUMEROUS OPPORTUNITIES HAVE BEEN GRANTED BY THE LD. CIT (A) TO THE APPELLANT TO DEFEND THE ASSESSMENT MADE BY THE AO BUT IT WOULD BE NECESSARY TO ADJUDICATE THE CONTROVERSY AT HAND ON CE FOR ALL AND IN THE INTEREST OF JUSTICE, TO GRANT ONE MORE OPPORTUNITY TO THE ASSESSEE TO SUPPLY THE REQUISITE DETAILS TO THE AO TO COMPLETE THE ASSESSMENT . S O, WE HEREBY RESTORE THE PRESENT CASE BACK TO THE AO TO DECIDE AFRESH AFTER PROVIDING AN OPPORT UNITY OF BEING HEARD TO THE PARTIES. 6. RESULTANTLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON THIS 29 TH DAY OF MAY , 201 7 . SD/ - SD/ - ( N.S. SAINI ) ( KULDIP SINGH ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 29 TH DAY OF MAY , 201 7 TS ITA NO . 1 90 / CTK ./2015 4 COPY OF THE ORDER FORWARDED TO: 1.APPELLANT - M/S. JBS TRANSPORT PRIVATE LTD., C/O SATYABRATA MOHAPATRA, 1 ST FLOOR, MOHAPATRA BLD., JAJPUR ROAD, NEAR GOPABANDHU CHHAK, JAJPUR 755 019. 2.RESPONDENT - ACIT, CIRCLE 1 (1), CUTTACK. 3.CIT 4.CIT (A) , CUTTACK. 5.DR (ITAT), CUTTACK . 6. GUARD FILE //TRUE COPY// BY ORDER SR. PRIVATE SECRETARY , ITAT , CUTTACK