ITO, CHENNAI V. Sri Chakra Merchandising Pvt. Ltd., Gummidipoondi

ITA 20/CHNY/2016

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7614 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2016
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 05-01-2016
• Court: TRIBUNAL
• Department Lawyers: A B KOLI JCIT
• Keywords: Principle of natural justice; Additional evidence

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI , ! . ' #$ BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G.PAVAN KUMAR, JUDICIAL MEMBER ./ I.T.A.NO.20 /MDS./2016 ( / ASSESSMENT YEAR :2007-08) THE INCOME TAX OFFICER, CORPORATE WARD-6(4), 121,M.G.ROAD, 7 TH FLOOR, CHENNAI. VS. M/S.SRI CHAKRA MERCHANDISING PVT. LTD., 723,/A.GNT ROAD, KOTTAKARAI, GUMMIDIPOONDI 601 201. PAN AAJCS 3541 C ( %& / APPELLANT ) ( '(%& / RESPONDENT ) / APPELLANT BY : MR. A.B.KOLI,JCIT, D.R / RESPONDENT BY : NONE ! / DATE OF HEARING : 10.03.2016 '# ! /DATE OF PRONOUNCEMENT : 24.03.2016 ) / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAI NST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(A)-15, CH ENNAI DATED 30.10.2015 PERTAINING TO THE ASSESSMENT YEAR 2007- 08 . ITA NO.20/MDS/2016 2 2. NONE APPEARED FOR THE ASSESSEE. WE HAVE TAKEN UP THE CASE TO DECIDE ON MERIT AFTER HEARING THE LD.D.R. 3. THE PRIMARY GROUND IN THIS APPEAL IS WITH REGAR D TO ADMISSION OF ADDITIONAL EVIDENCE, WHICH AMOUNTS TO VIOLATION OF RULE-46A AND ALSO PRINCIPLE OF NATURAL JUSTICE, AS THE LD.CIT(A) ACCE PTED THE EXPLANATION OF ASSESSEE WITH REGARD TO DIFFERENCE IN PURCHASE F IGURES BETWEEN VAT AND RETURN OF INCOME. IN OUR OPINION, THE GRIE VANCE OF THE REVENUE IS JUSTIFIED. ADMITTEDLY, THE LD.CIT(A) AD MITTED THE EXPLANATION OF ASSESSEE WITH REGARD TO THE DIFFEREN CE IN PURCHASE FIGURES BETWEEN VAT AND IT RETURNS WITHOUT CALLING FOR REMAND REPORT FROM AO. HENCE, IN OUR OPINION, IT IS APPRO PRIATE TO REMIT THE ISSUE IN DISPUTE TO THE FILE OF THE AO FOR HIS CONS IDERATION. ACCORDINGLY, THE ISSUE IN DISPUTE IN THIS APPEAL IS REMITTED BACK TO THE FILE OF AO FOR FRESH CONSIDERATION. THE LD. ASSESS ING OFFICER SHALL DECIDE THE ISSUE AFRESH AFTER GIVING ADEQUATE OPPOR TUNITY OF BEING HEARD TO THE ASSESSEE. ITA NO.20/MDS/2016 3 4. IN THE RESULT, THE APPEAL OF REVENUE IS PARTLY A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THURSDAY, THE 24 TH OF MARCH,2016 AT CHENNAI. SD/- SD/- ( . ) (G.PAVAN KUMAR) ( ( $% & ) ) ' CHANDRA POOJARI () JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 24 TH MARCH,2016. K S SUNDARAM. *+)),-).- /COPY TO: ) 1. /APPELLANT 2. /RESPONDENT 3. ) /)'( /CIT(A) 4. ) / /CIT 5. -01 )2 /DR 6. 13)4 /GF