Eastern Coalfields Ltd., Burdwan V. ACIT, Circle - 2, Asansol, Asansol

ITA 1943/KOL/2007

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4381 (ITAT-KOLKATA)
• Duration Of Justice: 9 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2016
• Appeal Filed By: Assessee
• Bench Allotted: C
• Next Hearing Date: 25-08-2016
• Assessment Year: 1993-1994
• Appeal Filed On: 22-08-2007
• Court: TRIBUNAL
• Department Lawyers: G MALLIKARJUNA
• Assessee Lawyers: B K GHOSH; PIJUSH DEY
• Section: 143(3)

Judgement Text

1 ITA NO. 1943-1947/KOL/2007 EASTERN COALFIELDS LIMITED IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [BEFORE SHRI M. BALAGANESH, AM & SHRI S.S. VISWANE THRA RAVI, JM] I.T.A NO. 1943/KOL/2007 : ASSESSMENT YEAR : 1993 -94 I.T.A NO. 1944/KOL/2007 : ASSESSMENT YEAR : 1994 -95 I.T.A NO. 1945/KOL/2007 : ASSESSMENT YEAR : 1995 -96 I.T.A NO. 1946/KOL/2007 : ASSESSMENT YEAR : 1997 -98 I.T.A NO. 1947/KOL/2007 : ASSESSMENT YEAR : 2000 -01 EASTERN COALFIELDS LTD. VS. ASSISTANT COMMISSIO NER OF INCOME-TAX, CIRCLE-2, ASANSOL ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 25.08.2016 DATE OF PRONOUNCEMENT: 05.10.2016 FOR THE APPELLANT: S/SHRI B. K. GHOSH & PIJUSH DEY, FCA FOR THE RESPONDENT: SHRI G. MALLIKARJUNA, CIT, DR ORDER PER SHRI M. BALAGANESH, AM: ALL THESE APPEALS BY ASSESSEE ARE ARISING OUT OF SE PARATE ORDERS OF CIT(A), ASANSOL. ASSESSMENTS WERE FRAMED BY DCIT, SPL. RANGE-20, KOL KATA U/S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) VI DE HIS SEPARATE ORDERS. SINCE ISSUES ARE IDENTICAL AND FACTS ARE COMMON AND FOR THE SAKE OF CONVENIENCE, WE DISPOSE OF BOTH THE APPEALS BY THIS CONSOLIDATED ORDER. 2. THE ASSESSEE HAS RAISED VARIOUS GROUNDS FOR VA RIOUS ASSESSMENT YEARS. THE ASSESSEE IS A GOVERNMENT OF INDIA ENTERPRISE. THE LD AR AT THE OUTSET SUBMITTED THAT THE LD CITA HAD PASSED A GENERAL ORDER WITHOUT GOING INTO THE MERIT S OF EACH ADDITION CONTESTED BEFORE HIM AND GIVING INDEPENDENT FINDINGS REGARDING THE SAME. HE DREW THE ATTENTION OF THE BENCH TO THE OPERATIVE PORTION OF THE LD CITAS ORDER TO JUS TIFY HIS ARGUMENT THAT ONLY GENERAL SUBMISSIONS WERE MADE BY THE LD CITA WITHOUT ADJUDI CATING EACH OF THE ISSUES /ADDITIONS CONTESTED BY THE ASSESSEE BEFORE HIM. ACCORDINGLY IF THE BENCH AGREES, THE ENTIRE MATTER COULD BE SENT BACK TO THE FILE OF THE LD CITA FOR F RESH ADJUDICATION WITH A LIBERTY TO THE ASSESSEE TO FILE ADDITIONAL GROUNDS DUE TO CERTAIN DEVELOPMENTS IN THE LAW ON THE IMPUGNED SUBJECTS AND ALSO LIBERTY TO WITHDRAW CERTAIN GROUN DS THAT HAD BECOME INFRUCTUOUS BY EFFLUXION OF TIME. THE LD DR FAIRLY CONCEDED FOR THE SAME BUT INSISTED THAT LET THERE BE 2 ITA NO. 1943-1947/KOL/2007 EASTERN COALFIELDS LIMITED CERTAIN TIME LIMIT FIXED FOR DISPOSAL OF THESE APPE ALS BY THE LD CITA AS THE MATTERS INVOLVED PERTAIN TO ASST YEAR 1993-94 AND THEREAFTER. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS. IN PRINCI PLE, WE AGREE WITH THE PRELIMINARY ARGUMENTS ADVANCED BY THE LD AR THAT THE LD CITA HA D ONLY PASSED A GENERAL ORDER WITHOUT ADJUDICATING THE SPECIFIC ISSUES RAISED BEFORE HIM ON MERITS. THE MAIN CRUX OF THE ORDER OF THE LD CITA SEEMS TO BE THE EXISTENCE OF HUGE LOSSE S INCURRED BY THE ASSESSEE WHICH THE LD CITA FELT THAT IT IS ONLY DUE TO INCURRENCE OF HUGE EXPENDITURE, THE ASSESSEE HAD INCURRED HUGE LOSSES. IN RESPECT OF ISSUES OTHER THAN DISA LLOWANCE OF EXPENDITURES, WE FIND THAT THE LD CITA HAD NOT GIVEN ANY CATEGORICAL FINDING WITH REGARD TO THOSE ISSUES FOR JUSTIFYING HIS DECISION. THE OBSERVATIONS OF THE LD CITA IN THIS REGARD ARE NOT REPRODUCED FOR THE SAKE OF BREVITY. SINCE BOTH THE PARTIES AGREE FOR SETTING ASIDE OF THESE APPEALS TO THE FILE OF THE LD CITA FOR FRESH ADJUDICATION , IN ACCORDANCE WITH LA W, WE DEEM IT FIT AND APPROPRIATE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, TO SET ASIDE ALL THE APPEALS TO THE FILE OF THE LD CITA WITH THE FOLLOWING DIRECTIONS :- A) THE ASSESSEE IS AT LIBERTY TO RAISE ADDITIONAL G ROUNDS BEFORE THE LD CITA ; B) THE ASSESSEE IS AT LIBERTY TO WITHDRAW CERTAIN G ROUNDS THAT HAD BECOME REDUNDANT DUE TO EFFLUXION OF TIME ; C) THE LD CITA TO DISPOSE OFF ALL THESE APPEALS AFR ESH UNINFLUENCED BY THE EARLIER ORDERS , WITHIN A PERIOD OF ONE YEAR FROM THE DATE ON WHICH THE JUDICIAL WING OF THE INCOME TAX DEPARTMENT RECEIVES THIS ORDER ; AND D) THE ASSESSEE IS ALSO DIRECTED TO FILE THE NECESS ARY DOCUMENTS AND EVIDENCES IN SUPPORT OF ITS CONTENTIONS FOR SPEEDY AND SMOOTH DI SPOSAL OF THE APPEALS WITHIN THE PRESCRIBED TIME AS STATED ABOVE. 4. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 05.10.2016 SD/- SD/- (S.S. VISWANETHRA RAVI) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED : 5 TH OCTOBER, 2016 JD.(SR.P.S.) 3 ITA NO. 1943-1947/KOL/2007 EASTERN COALFIELDS LIMITED COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT EASTERN COALFIELDS LTD., DIRECTOR (FINA NCE) EASTERN COALFIELDS LTD., OFFICE OF CMD, POST DISHERGARH, DI ST. BURDWAN, PIN713333. 2 RESPONDENT ACIT, CIRCLE-2, ASANSOL 3 . THE CIT(A), ASANSOL 4. 5. CIT , ASANSOL DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .