NEELKANTH POWER PRIVATE LIMITED, JAIPUR V. ITO, WARD-6(2), JAIPUR

ITA 199/JPR/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8471 (ITAT-JAIPUR)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-07-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 18-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 115JB; 10

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S,A JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA- @ ITA NO. 199/JP/2020 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2011-12 NEELKANTH POWER PRIVATE LIMITED 1041, BARKAT NAGAR TONK PHATAK, JAIPUR-302015. CUKE VS. THE ITO, WARD-6(2), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AACCN 1697 F VIHYKFKHZ@ APPELL ANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : NONE JKTLO DH VKSJ LS @ REVENUE BY : MISS. CHANCHAL MEENA (ADDL.CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 08/07/2020 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 09/07/2020 VKNS'K@ ORDER PER: VIJAY PAL RAO, J.M. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 23.12.2019 OF LD. CIT(A)-II, JAIPUR FOR THE ASSESSM ENT YEAR 2011-12. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS.:- 1. IN THE FACTS AND CIRCUMSTANCES OF THE CASE THE LEARNED CIT(A) HAS ERRED IN PASSING EX-PARTE ORDER AGAINST THE PRI NCIPLES OF EQUITY AND JUSTICE. 2. IN THE FACTS AND CIRCUMSTANCES OF THE CASE THE L EARNED CIT(A) HAS ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN ITA NO. 199/JP/2020 NEELKANT POWER PVT. LTD. VS. ITO 2 PASSING THE ORDER U/S 147/144 OF IT ACT. THE ORDER IS VOID AB INITIO AND ILLEGAL AND DESERVES TO BE QUASHED. 3. IN THE FACTS AND CIRCUMSTANCES OF THE CASE THE L EARNED CIT(A) HAS ERRED IN CONFIRMING THE ACTION OF THE LEARNED A SSESSING OFFICER IN MAKING ADDITION OF RS. 42,34,300/- FOR C OMPUTING BOOK PROFIT AS PER PROVISIONS OF SECTION 115JB OF IT ACT . THE INCOME WAS EXEMPT U/S 10 BEING SALE OF AGRICULTURAL LAND I N REMOTE AREA. 2. NONE HAS APPEARED ON BEHALF OF THE ASSESSEE WHEN THE APPEAL WAS TAKEN UP FOR HEARING THROUGH VIDEO CONFERENCE. THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE HAS SENT AN ADJOURNM ENT LETTER SEEKING ADJOURNED OF THE HEARING. HOWEVER, IN VIEW OF THE F ACT THAT THE APPEAL OF THE ASSESSEE WAS DECIDED BY THE LD. CIT(A) VIDE EX-PARTE IMPUGNED ORDER WHEN NOBODY HAS APPEARED ON BEHALF OF THE ASS ESSEE AND THE ASSESSEE IS NOW SEEKING ADJOURNMENT TO FILE THE PAP ER BOOK HENCE, WE PROPOSED TO HERE AND DISPOSE OFF THE APPEAL OF THE ASSESSEE EX-PARTE. 3. WE HAVE HEARD THE DR AND CAREFULLY PERUSED THE IMPUGNED OF THE LD. CIT(A). THOUGH THE LD. CIT(A) HAS GRANTED AS MA NY AS 12 OPPORTUNITY OF HEARING TO THE ASSESSEE AND THE ASSE SSEE SOUGHT ADJOURNMENT ON THE MOST OF THE OCCASIONS HOWEVER, T HE LD. CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE SUMMARILY VIDE NON SPEAKING ITA NO. 199/JP/2020 NEELKANT POWER PVT. LTD. VS. ITO 3 IMPUGNED ORDER. THE RELEVANT CONCLUDING PART OF THE LD. CIT(A) IN PARA 2.2.1 IS AS UNDER:- 2.2.1 IN VIEW OF THE ABOVE, IT IS CLEAR THAT THE A PPELLANT AND THE AUTHORIZED REPRESENTATIVE ARE NOT INTERESTED IN CON TESTING THE APPEAL AND INSPITE OF SUFFICIENT OPPORTUNITY AND TI ME HAVE NOT SUBMITTED ANY DETAIL WHAT SO EVER. ON MERITS IT SEE MS THAT ASSESSEE HAS NOTHING TO SAY IN SUPPORT OF GROUNDS O F APPEAL TAKEN. AFTER CAREFUL CONSIDERATION OF THE ORDER, I FIND THAT ASSESSING OFFICER HAS RIGHTLY MADE THE ADDITION, HE NCE GROUNDS OF APPEAL ARE DISMISSED. THUS, IT IS CLEAR THAT THE LD. CIT(A) HAS NOT DECID ED THE CASE ON MERITS BUT UPHOLD THE ORDER OF THE AO DUE TO NON APPEARANC E OF THE ASSESSEE. ACCORDINGLY, IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE, WE SET ASIDE THE MATTER TO THE RECORD OF THE LD. CIT(A) FOR GRANTING ONE MORE OPPORTUNITY OF HEARING TO THE ASSESSEE AND THEN DECIDING THE SAME ON MERITS BY A SPEAKING ORDER. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 09/07/2020. SD/- SD/- FOE FLAG ;KNO FOT; IKY JKO (VIKRAM SINGH YADAV) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 09/07/2020. ITA NO. 199/JP/2020 NEELKANT POWER PVT. LTD. VS. ITO 4 * SANTOSH. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- NEELKANTH POWER PRIVATE LIMITET, JAI PUR. 2. IZR;FKHZ@ THE RESPONDENT- ITO, WARD-6(2), JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {ITA NO. 199/JP/2020} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR