Shri. Maruti Infrastructure Developers, Pune V. Deputy Commissioner of Income-tax, Circle - 14, Pune

ITA 1928/PUN/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4757 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 25-04-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 21-12-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Principle of natural justice; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER I.T.A. NO. 1928 /PUN/201 8 ASSESSMENT YEAR S : 2013 - 14 SHRI MARUTI INFRASTRUCTURE DEVELOPERS OFFICE NO. 507 , 5 TH FLOOR, LUNKAD SKY VISTA, VIMANNAGAR, PUNE - 411 014. PAN : ABNFS 0599Q APPELLANT VS. DY. CIT CIR. 14, PUNE RESPONDENT I.T.A. NO. 1929/PUN/2018 ASSESSMENT YEAR S : 2013 - 14 SHRI MARUTI WIND PARK DEVELOPERS OFFICE NO. 507, 5 TH FLOOR, LUNKA D SKY VISTA, VIMANNAGAR, PUNE - 411 014. APPELLANT PAN ABKFS 4687 A VS. DY. CIT CIR. 14, PUNE, RESPONDENT APPELLANT S BY : MS. DEEPA KHARE RESPONDENT BY : SHRI DEEPAK GARG DATE OF HEARING : 17 - 02 - 2020 DATE OF PRONOUNCEMENT: 1 8 - 02 - 2020 ORDER PER GEORGE MATHAN, JUDICIAL MEMBER: TH E SE ARE TWO APPEALS FILED BY TWO DIFFERENT ASSESSEE S AGAINST THE ORDERS OF LEARNED CIT(A) 7, PUNE, IN APPEAL NO. PN/CIT(A) - 7 / CIR. ITA NO. 1928 & 1929 /PUN /2018 SHRI MARUTI INFRASTUCTURE AND MARUTI WIND PARK DEVELOPERS 2 14/10463/2016 - 17 IN THE CASE OF SHRI MARUTI INFRASTRUCTURE DEVELOPE RS AND NO. PN/ CIT(A)/DY. CIT, CIR. 14/10467/2016 - 17 FO R A.Y. 20 1 3 - 1 4 IN THE CASE OF SHRI MARUTI WIND PARK DEVELOPERS, BOTH DATED 28 - 9 - 2018 . 2. MS. DEEPA KHARE IS REPRESENTED FOR THE ASSESSEE S AND SHRI DEEPAK GARG IS REPRESENTED FOR THE REVENUE. 3. IT WAS SUBMITTED BY THE LEARNED A.R. THAT THE APPEALS OF THE ASSESSEES HAVE BEEN DISPOSED OF EX PARTE. IT WAS HER SUBMISSION THAT THE APPEALS OF THE ASSESSEES HAVE BEEN DISMISSED ON THE GROUND THAT ADMITTED TAX IN RESPECT OF RETURNED INCOME HAS NOT BEEN PAID BEFORE FILING OF THE APPEALS. IT WAS HER SUBMISSION THAT CONSEQUENTLY , THE LEARNED CIT(A) HAS DISMISSED THE APPEALS OF THE ASSESSEES FOR VIOLA TION OF PROVISION OF SEC. 249(4 ) OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED TO THE ACT). IT WAS FURTHE R HER SUBMISSION THAT HAVING DISMISSED THE APPEALS AS NON - EST, THE LEARNED CIT(A) PROCEEDED TO ADJUDICATE THE ISSUE ON MERITS WHICH WERE ALSO HELD AGAINST THE ASSESSEE. IT WAS HER SUBMISSION THAT IT IS AN ADMI TTED FACT THAT WHEN THE RETURN OF INCOME WAS F ILED , THE ADMITTED TAX HAS NOT BEEN PAID. IT WAS HER SUBMISSION THAT RETURNS OF INCOME HAVE BEEN FILED IN BOTH THE CASES ON 30 - 3 - 2015. IT WAS ALSO HER SUBMISSION THAT HOWEVER, THE ASSESSEE HAD MADE SUBSTANTIAL PAYMENT AGAINST THE ASSESSED TAX WHICH ADM ITTEDLY COVERED THE REQUIREMENT OF TAX DUE ON THE ADMITTED TAX. IT WAS HER SUBMISSION THAT WITHOUT CONSIDERING THE SAID FACT, THE LEARNED CIT(A) HAD PROCEEDED TO TREAT THE APPEALS OF THE ASSESSEE AS NON - EST AND FURTHER PROCEEDED TO DISMISS THE ISSUES RA ISED IN THE APPEALS OF THE ASSESSEE ON MERITS. IT WAS HER SUBMISSION IN THE CASE OF SHRI MARUTI INFRASTRUCTURE DEVELOPERS, THAT AS ON 31 - 3 - 2018 ITSELF , THE ASSESSEE HAD MADE ITA NO. 1928 & 1929 /PUN /2018 SHRI MARUTI INFRASTUCTURE AND MARUTI WIND PARK DEVELOPERS 3 THE PAYMENT OF RS. 2.00 CRORES. IT WAS THE SUBMISSION THAT THE ASSESSEE HAD NO O BJECTION IF THE ISSUE IS RESTORED BACK TO THE FILE OF THE A.O FOR VERIFICATION AND RE - ADJUDICATION AFTER SETTING ASIDE THE ORDERS OF THE LEARNED CIT(A). IT WAS FAIRLY AGREED BY THE LEARNED A.R THAT FRESH EVIDENCE WAS REQUIRED TO BE FILED BEFORE THE A.O. 5. IN REPLY THE LEARNED D.R SUBMITTED THAT IT IS AN ADMITTED FACT THAT CERTAIN TAXES HAVE BEEN PAID . IT WAS HIS FURTHER SUBMISSION THAT THE TAXES HAVE NOT BEEN PAID BEFORE FILING THE APPEALS BEFORE THE LEARNED CIT(A) BUT HAD BEEN PAID BEFORE DISPOSAL OF THE APPEALS BY THE LEARNED CIT(A). IT WAS HOWEVER, FAIRLY AGREED BY THE LEARNED D.R THAT HE HAD NO OBJECTION IF THIS ISSUE IS RESTORED BACK TO THE FILE OF THE A.O FOR VERIFICATION AND ISSUES ON MERITS ARE RESTORED BACK FOR RE - ADJUDICATION. IT WAS FURTHE R SUBMITTED THAT THE ASSESSEES HAD NOT RESPONDED TO THE OPPORTUNITY OF HEARING PROVIDED BY THE LEARNED CIT(A). IT WAS HIS SUBMISSION THAT IT WAS ON ACCOUNT OF FAILURE ON THE PART OF THE ASSESSEE THAT THE LEARNED CIT(A) WAS COMPELLED TO ADJUDICATE THE ISSU ES AGAINST THE ASSESSEES. IT WAS FURTHER HIS SUBMISSION THAT IN THE INTEREST OF JUSTICE THE ISSUES COULD BE RESTORED TO THE FILE OF THE A.O . 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. A PERUSAL OF THE ORDERS OF THE LEARNE D CIT(A) CLEARLY SHOWS THAT THE ASSESSEES HAVE NOT AVAILED OF THE OPPORTUNITY GRANTED BY THE LEARNED CIT(A) AT THE TIME OF HEARING OF THE APPEALS. THE ASSESSEES HAVE ALSO PLACED BEFORE US CERTAIN CHALLANS WHICH SHOW THE PAYMENT OF TAXES BEFORE ADJUDICATIO N OF THE APPEALS BY THE LEARNED CIT(A) WHICH WOULD ADEQUATELY COVER THE TAXES ON THE RETURNED INCOME. IT IS ALSO NOTICED THAT THE LEARNED A.R HAS ALSO SPECIFICALLY REQUESTED ITA NO. 1928 & 1929 /PUN /2018 SHRI MARUTI INFRASTUCTURE AND MARUTI WIND PARK DEVELOPERS 4 FOR AN OPPORTUNITY TO PRODUCE FURTHER EVIDENCE BEFORE THE A.O. UNDER THE CIRCUMS TANCES, CONSIDERING THE ABOVE FACT S AND PRINCIPLES OF NATURAL JUSTICE, WE ARE OF THE VIEW THAT THE ORDERS OF THE LEARNED CIT(A) ARE LIABLE TO BE SET ASIDE AND THE ISSUES RAISED IN THE SE APPEALS RESTORED BACK TO THE FILE OF THE A.O FOR RE - ADJUDICATION AND W E DO SO ACCORDINGLY . THE A.O SHALL VERIFY THE FACTS OF PAYMENT OF ADMITTED TAX AND THEN RE - ADJUDICATE THE ISSUE AFTER GRANTING THE ASSESSEE ADEQUATE OPPORTUNITY OF BEING HEARD AND TO ENABLE THEM TO PRODUCE ALL SUCH EVIDENCE AS ARE NECE SSARY TO SUBSTANTIAT E THEIR CLAIMS. 6. IN THE RESULT, THE APPEALS OF THE ASSESSEES ARE PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON THIS 18 TH DAY OF FEBRUARY 20 20 . S D/ - SD/ - ( ANIL CHATURVEDI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER PU NE ; DATED : 18 TH FEBRUARY 2020 . ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE S 2. DEPARTMENT 3. THE CCIT PUNE 4. THE PR. CCIT PUNE 5. THE ADDL. CIT RANGE 14 , PUNE 6. THE ASSESSING OFFICER 7. THE D.R. ITAT PUNE BENCH B 8. GUARD FILE TRUE COPY BY ORDER SR. PRIVATE SECRETARY ITAT PUNE BENCH, PUN E ITA NO. 1928 & 1929 /PUN /2018 SHRI MARUTI INFRASTUCTURE AND MARUTI WIND PARK DEVELOPERS 5 2 DRAFT PLACED BEFORE AUTHOR 1 7 . 02 .20 20 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER 4 DR AFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER