DCIT, C.C.-XXI, Kolkata V. M/s. Bhaskar Shrachi Alloys Ltd., Kolkata

ITA 2036/KOL/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2669 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2010
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 14-11-2008
• Court: TRIBUNAL
• Department Lawyers: NEERAJ SINGH
• Keywords: Principle of natural justice; Proportionate interest; Additional evidence
• Section: 43B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA [BEFORE HONBLE SRI D. K. TYAGI, JM & HONBLE SRI C . D. RAO, AM] I.T.A. NO.2036/KOL/2008 ASSESSMENT YEAR: 2004-05 DEPUTY COMMISSIONER OF INCOME-TAX, -VS- M/S. BHAS KAR SHRACHI ALLOYS LTD. CENTRAL CIRCLE-XXI, KOLKATA. (PA NO.AABCB 8956 C ) (APPELLANT) (RESPONDENT) APPELLANT BY : SRI NEERAJ SINGH RESPONDENT BY : SRI SUBHAS AGARWAL O R D E R PER D. K. TYAGI, JM: THIS APPEALS PREFERRED BY THE REVENUE IS DIRECTED A GAINST THE ORDER OF THE LD. CIT(A), KOLKATA DATED 29.08.2008 FOR ASSESSMENT YEA R 2004-05 ON THE FOLLOWING GROUNDS : 1.THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) HAS ERRED IN DELETING DISALLOWANCES U/S. 43B OF THE ACT OF RS.6,11,867/-. 2. THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) HAS ERRED IN DELETING DISALLOWANCES OF PROPORTIONATE INTEREST OF RS.24,67,325/-. 3. THAT IN THE FATS AND CIRCUMSTANCES OF THE CASE A ND IN LAW, THE LD. CIT(A) HAS ERRED IN ACCEPTING ADDITIONAL EVIDENCES FROM THE ASSESSEE ON BOTH THE DISALLOWANCES UNDER SECTION 43B OF THE ACT OF RS.6,11,867/- AND DISALLO WANCES OF PROPORTIONATE INTEREST OF RS.24,67,325/- AND ACTED THEREUPON WHICH IS IN CONT RAVENTION OF RULE 46A. 2. AT THE TIME OF HEARING BEFORE US, THE LD. DR SUB MITTED THAT THE LD. CIT(A) HAS GIVEN RELIEF TO THE ASSESSEE BY SIMPLY ACCEPTING TH E ASSESEES CONTENTION WITHOUT PROVIDING ANY OPPORTUNITY TO THE AO. TO THIS SUBMI SSION OF THE LD. DR, THE LD. COUNSEL FOR THE ASSESSEE DID NOT SERIOUSLY OBJECT. HENCE, IN THE INTEREST OF NATURAL JUSTICE AND FAIR PLAY, THE MATTER IS RESTORED BACK TO THE FILE OF THE LD. CIT(A) TO ADJUDICATE AFRESH AFTER AFFORDING REASONABLE OPPORT UNITY OF BEING HEARD TO BOTH THE PARTIES. THEREFORE, THE APPEAL OF THE REVENUE IS AL LOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIS TICAL PURPOSES. 4. THE ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (C. D. RAO) (D. K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 23RD APRIL, 2010 2 COPY TO : 1. DCIT, CENTRAL CIRCLE-XXI, KOLKATA. 2. M/S. BHASKAR SHRACHI ALLOYS LTD., 8/1, MIDDLETON RO W, KOLKATA-71. 3. CIT(A), KOLKATA 4. CIT, KOLKATA. 5. D.R., ITAT, KOLKATA. TRUE COPY BY ORDER DEPUTY REGISTRAR JD.(SR.P.S.) I.T.AT., KOLKATA