M/s Tribhuvan sons Jewellers Pvt Ltd., Ranchi V. DCIT CIRCLE-3, RANCHI

ITA 211/RAN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0351 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 01-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MOHANTY
• Assessee Lawyers: P C PAUL
• Keywords: Principle of natural justice

Judgement Text

P A G E 1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 211 / RAN /201 7 ASSESSMENT YEAR : 2013 - 2014 M/S. TRIBHUBAN SONS JEWELLERS (P) LT D., ROSHPA TOWER, MAIN ROAD, RANCHI,. VS. DCIT, CIRCLE - 3, RANCHI PAN/GIR NO. AADCT 1663 N (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI P.C.PAUL, CA REVENUE BY : SHRI A.K.MOHANTY, JCIT DATE OF HEARING : 1 9 / 11 / 2018 DATE OF PRONOUNCEMENT : 20 / 11 / 2018 O R D E R PER N.S.SAINI, AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A), RANCHI D ATED 6.6.2017 FOR THE ASSESSMENT YEAR 2013 - 14. 2. LD A.R. OF THE ASSESSE SUBMITTED THAT IN GROUND NO.1 OF APPEAL, THE ASSESSE HAS PROJECTED ITS GRIEVANCE THAT THE CIT(A) WAS NOT JUSTIFIED IN ADJUDICATING THIS GROUND OF APPEAL. 3. HE FURTHER SUBMITTED THAT THE CIT(A) HAD CALLED FOR A REMAND REPORT FROM THE A SSESSING OFFICER AND WITHOUT SUPPLYING THE FULL COPY OF THE REMAND REPORT TO THE ASSESSEE , THE CIT(A) HAD ADJUDICATED THE APPEAL. HE SUBMITTED THAT THE MATTER BE RESTORED TO THE FILE OF THE CIT(A) TO ADJUDICATE THE APPEAL AFRESH BY GIVING ITA NO. 211 / RAN/ 2017 ASSESSMENT YEAR : 13 - 14 P A G E 2 | 3 HIS FINDINGS IN GROUND NO.1 OF APPEAL RAISED BEFORE THE TRIBUNAL AND AFTER SUPPLYING THE FULL COPY OF THE REMAND REPORT OBTAINED FROM THE ASSESSING OFFICER. 4. LD D.R. HAS NOT CONTROVERTED THE ABOVE SUBMISSION OF LD A.R. OF THE ASSESSE. 5. WE HAVE HEARD THE RIVAL SUB MISSIONS, PERUSED THE MATERIALS AVAILABLE ON RECORD AND ORDERS OF LOWER AUTHORITIES . 6. GROUND NO.1 OF APPEAL READS AS UNDER: 1. LD ASSESSING OFFICER IS NOT JUSTIFIED IN NOT FOLLOWING THE PROCEDURE LAID DOWN UNDER SECTION 142A OF THE INCOME TAX ACT 1961 , REGARDING VALUATION OF CLOSING STOCK AND THE LD CIT(A) IS NOT JUSTIFIED IN NOT GIVING ANY FINDING IN THIS REGARD, IT SHOULD BE VALUED AT COST OR NET REALISABLE VALUE WHICH EVER IS EARLIER. 7. LD A.R. HAS SUBMITTED THAT THE CIT(A) HAS NOT ADJUDICATED THI S GROUND OF APPEAL, WHICH HAS NOT BEEN CONTROVERTED BY LD D.R. THEREFORE, WE SET ASIDE THIS GROUND OF APPEAL OF THE ASSESSE TO THE FILE OF THE CIT(A) FOR ADJUDICATING THE SAME. 8. THE OTHER SUBMISSION OF LD A.R. OF THE ASSESSE IS THAT HE WAS NOT SUPPLIED WITH THE FULL COPY OF THE REMAND REPORT OBTAINED FROM THE ASSESSING OFFICER AND WAS ALSO NOT ALLOWED TO MAKE HIS SUBMISSION THEREON. THE CIT(A) HAS ADJUDICATED THE APPEAL IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. 9. LD D.R. HAS NOT CONTROVERTED THIS SUBMISSION OF LD A.R. OF THE ASSESSEE. THEREFORE, IN ORDER TO RENDER SUBSTANTIA L JUSTICE, WE RESTORE THE OTHER GROUNDS OF APPEAL RAISED BY THE ASSESSE TO THE FILE OF THE CIT(A) FOR ADJUDICATION OF THE SAME AFRESH AFTER SUPP LYING FULL COPY OF THE REMAND REPORT OF THE ASSESSING OFFICER AND AFTER ITA NO. 211 / RAN/ 2017 ASSESSMENT YEAR : 13 - 14 P A G E 3 | 3 ALLOWING SUFFICIENT OPPORTUNITY TO THE ASSESSE TO MAKE ITS SUBMISSION THEREON. WITH THESE DIRECTIONS, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 10. IN THE RESULT , APPEAL OF THE ASSESSE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 20 / 11 /2018. SD/ - SD/ - ( PAVAN KUMAR GADALE) ( N.S SAINI) JUDICIALMEMBER A CCOUNTANT MEMBER RANCHI ; DATED 20 / 11 /2018 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER SR.PVT SECRETARY, ITAT, RANCHI ON TOUR 1. THE APPELLANT : M/S. TRIBHUBAN SONS JEWELLERS (P) LTD., ROSHPA TOWER, MAIN ROAD, RANCHI 2. THE RESPONDENT. DCIT, CIRCLE - 3, RANCHI 3. THE CIT(A) - RANCHI 4. PR.CIT - RANCHI 5. DR, ITAT, RANCHI 6. GUARD FILE. //TRUE COPY//