Shri Chandrajit Rameshchandra, Ahmedabad V. The ACIT, (CPC), Benglore, Ward 11(1), Ahmedabad

ITA 2130/AHD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0338 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 06-10-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 14-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SONIA KUMAR
• Assessee Lawyers: GIRISH A MEHTA
• Keywords: Business income; Revised return
• Section: 143(3); 139(5); 139

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER ./ ITA NO. 2130/AHD/2013 / ASSESSMENT YEAR : 2011-2012 CHANDRAJIT RAMESHCHANDRA, AMRAPALI TOWER, SHARDA MANDIR ROAD, PALDI, AHMEDABAD PAN : ACEPS 7102 B VS INCOME TAX OFFICER, WARD 11 (1), AHMEDABAD / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI GIRISH A. MEHTA, AR REVENUE BY : SMT. SONIA KUMAR, SR DR / DATE OF HEARING : 06/10/2016 / DATE OF PRONOUNCEMENT: 07/10/2016 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-XVI, A HMEDABAD DATED 10.06.2013 FOR ASSESSMENT YEAR 2011-12. 2. FOLLOWING GROUNDS ARE RAISED:- 1. THE LD CIT(A) HAS ERRED IN CONFIRMING THE ORDER U/S 143(1) PASSED ON 15- 12-2011 BY THE ACIT (CPC) BANGLORE IN RESPONSE TO R ETURN OF INCOME FILED ON 12-10-2011 U/S 139(4) DECLARING THE BUSINE SS INCOME OF RS.9,98,078/-ON THE GROUND THAT THERE CAN BE NO CAU SE OF GRIEVANCE TO THE APPELLANT THOUGH THE AO HAD FAILED TO CONSIDER BEFO RE PASSING THE ORDER U/S 143(1) DATED 15-12-2011, A SECOND RETURN FILED BY THE APPELLANT ON 19-10-2011 U/S 139(4) WHICH WAS A VALID RETURN DECL ARING THE CORRECT BUSINESS INCOME OF RS. 4,87,894/- AS AGAINST THE BU SINESS INCOME OF RS.9,98,078/- DECLARED IN FIRST RETURN FILED ON 12- 10-2011 U/S 139(4) WHEREIN THE INCOME OF RS.5,10,180/- IN THE NAME OF AANGI SECURITIES WAS INCLUDED TWICE THROUGH MISTAKE. 2. THE APPELLANT SUBMITS THAT IN VIEW OF THE FACTS, TH E FINDING OF THE LD CIT(A) THAT THERE CAN BE NO CAUSE OF GRIEVANCE TO T HE APPELLANT IS BAD IN LAW AND AS SUCH THE ORDER U/S 143(1) DATED 15-12-20 11 PASSED BY THE AO AS PER THE FIRST RETURN FILED ON 12-10-2011 U/S 139 (4) IGNORING THE SECOND RETURN FILED ON 19-10-2011 U/S 139(4) WHICH WAS A V ALID RETURN, BEING NOT VALID IN LAW, BE CANCELLED AND THE AO BE DIRECT ED TO PASS A FRESH ORDER U/S 143(1) ON THE SECOND RETURN FILED ON 19-10-2011 U/S 139(4) WHICH WAS A VALID RETURN. SMC-ITA NO. 2130/AHD/2013 CHANDRAJIT RAMESHCHANDRA VS. ITO AY : 2011-2012 2 3. THE LD. COUNSEL FOR THE ASSESSEE CONTENDS THAT I N THE ORIGINAL RETURN, BY MISTAKE, SOME INCOME WAS OFFERED TWICE AND WITHI N SEVEN DAYS ON 19.10.2011, THE VALID REVISED RETURN U/S 139(5) WAS FILED CORRECTING THE MISTAKE. THE LD. AO PASSED THE ASSESSMENT ORDER U/S 143(1) ON 15.12.2011 WITHOUT CONSIDERING THE REVISED RETURN WHICH WAS AV AILABLE WITH HIM. THE LD. CIT(A) DISMISSED THE APPEAL ON THE GROUND THAT THE ORIGINAL RETURN WAS PROCESSED ON THE BASIS OF INFORMATION PROVIDED BY A SSESSEE HIMSELF AND THERE IS NO EVIDENCE THAT THE REVISED RETURN FILED BY THE ASSESSEE HAS BEEN REJECTED. THE LD. COUNSEL FOR THE ASSESSEE CONTEND S THAT THE ORDER OF LD. CIT(A) AMOUNTS TO DENIAL OF RIGHT OF FILING THE REV ISED RETURN IN TERMS OF SECTION 139 (5) OF THE ACT. THEREFORE, A FAIR AND P ROPER ASSESSMENT U/S 143(3) MAY BE MADE AFTER CONSIDERING THE REVISED RETURN AL SO. LD. COUNSEL FOR THE ASSESSEE RELIED ON VARIOUS JUDGMENTS WHICH ARE PART OF THE PAPER-BOOK. 4. LD. DR, ON THE OTHER HAND, SUPPORTED THE ORDER O F THE LD. CIT(A). 5. I HAVE HEARD THE RIVAL CONTENTIONS, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. THE ASSESSEE HAS RIGHT TO FILE THE REVISED RETURN WHICH IS RECOG NIZED BY INCOME-TAX LAW. IF THE ASSESSEE FILES THE REVISED RETURN, THE AO IS OBLIGED TO CONSIDER THE SAME WHILE FRAMING THE ASSESSMENT. IN VIEW THEREOF , THE IMPUGNED ASSESSMENT U/S 143(1) IS SET ASIDE WITH THE DIRECTI ON TO REFRAME A PROPER ASSESSMENT U/S 143(3) AFTER CONSIDERING ASSESSEES REVISED RETURN ALSO. 6. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 7 TH OCTOBER, 2016 AT AHMEDABAD. SD/- R.P. TOLANI (JUDICIAL MEMBER) AHMEDABAD; DATED 07/10/2016 *BIJU T. SMC-ITA NO. 2130/AHD/2013 CHANDRAJIT RAMESHCHANDRA VS. ITO AY : 2011-2012 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD