Mr. Biswa Bhusan Biswal, Koraput V. ITO, Ward-1, Jeypore

ITA 214/CTK/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4349 (ITAT-CUTTACK)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 26-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B R
• Keywords: Unexplained cash credit; Unexplained investment

Judgement Text

, . . , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH CUTTACK BEFORE SHRI N.S.SAINI, ACCOUNTANT MEMBER ./ ITA NO. 214 / CTK /20 1 7 ( / ASSESSMENT YEAR : 20 09 - 20 1 0 ) MR. BISWA BHUSAN BISWAL, PROP. M /S PARASAR ENTERPRISES, BYE PASS ROAD, NR. GANDHI CHOWK, JEYPORE764001, DIST. - KORAPUT VS. ITO, WARD - 1, JEYPORE ./ ./ PAN/GIR NO. : A FLPB 5556 N ( / APPELLANT ) .. ( / RESPONDENT ) /ASSESSEE BY : SHRI B.R.PANDA , AR /REVENUE BY : SHRI D.K.PRADHAN , DR / DATE OF HEARING : 12 / 0 2 /201 8 / DATE OF PRONOUNCEMENT 14 / 0 2 /201 8 / O R D E R TH IS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE O RDER OF THE CIT(A) - 1 , BHUBANESWAR , DATED 28.02.2017 . 2. THE GRIEVANCE OF THE ASSESSEE IN ITS APPEAL IS THAT THE CIT(A) ERRED IN CONFIRMING THE FOLLOWING ADDITIONS MADE BY THE AO : - A. ESTIMATION OF THE GROSS PROFIT RATE @7.5% ON THE SALES RESULTED A DDITION OF RS.1,18,347/ - AS AGAINST THE PROFIT DISCLOSED @6.68%. B. ADDITION OF RS. 1,41,250/ - ON ACCOUNT OF UNEXPLAINED CREDITORS. C. UNEXPLAINED INVESTMENT OF RS.70,455/ - FROM HOUSE PROPERTY. D. ADDITION OF RS.54,000/ - ON ACCOUNT OF LOWER DRAWING SHOWING AT R S.48,000/ - AND E. ADDITION OF RS.14,333/ - TOWARDS THE INTEREST INCOME RECEIVED FROM THE TIDE WATER. ITA NO. 214 /CTK/201 7 2 3. AT THE OUTSET THE AR OF THE ASSESSEE SUBMITTED THAT THE CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE ON THE GROUND THAT HE FAILED TO PUT IN APPEARAN CE BEFORE HIM ON THE FOLLOWING DATES OF HEARING BY HIM : - 14.08.2012 03.10.2012 28.12.2012 16.01.2013 01.12.2016 06.01.2017 02.02.2017 & 21.02.2017 4. HE SUBMITTED THAT DUE TO ILLNESS OF THE ASSESSEE THE ASSESSEE COULD NOT PUT IN APPEARANCE ON THE ABOVE DA TES OF HEARING FIXED BY THE CIT(A). THEREFORE, THE APPEAL OF THE ASSESSEE CAME TO BE DISMISSED BY HIM. HE SUBMITTED THAT IN THE INTEREST OF JUSTICE, ONE MORE OPPORTUNITY SHOULD BE ALLOWED TO THE ASSESSEE AND THAT THE ASSESSEE HAS ALL THE EVIDENCE IN ITS PO SSESSION TO PLEAD ITS CASE AND HAS VERY GOOD CHANCE OF SUCCEEDING BEFORE THE CIT(A). 5. HE SUBMITTED THAT HE UNDERTAKES TO PERSONALLY APPEAR BEFORE THE CIT(A) ON THE DATE OF HEARING TO BE FIXED BY THE CIT(A) AND FULLY COOPERATE WITH HIM IN DISPOSAL OF THE APPEAL. 6. THE DR, ON THE OTHER HAND, VEHEMENTLY ARGUED AND OBJECTED TO THE ABOVE SUBMISSIONS OF THE AR OF THE ASSESSEE. 7. AFTER HEARING THE RIVAL SUBMISSIONS AND PERUSING THE MATERIALS ON RECORD, I FIND THAT THE APPEAL OF THE ASSESSEE WAS DISMISSED BY T HE CIT(A) ON THE GROUND THAT THE ASSESSEE FAILED TO PUT IN APPEARANCE ON THE DATE OF ITA NO. 214 /CTK/201 7 3 HEARING FIXED BY HIM. IT IS THE PRAYER OF THE AR OF THE ASSESSEE THAT THE ASSESSEE HAS A VERY GOOD CASE AND HAVE ALL THE EVIDENCES IN HIS POSSESSION AND, THEREFORE, BE AL LOWED ONE MORE CHANCE TO REPRESENT ITS CASE BEFORE THE CIT(A). HE HAS MADE SUBMISSION AT THE BAR THAT HE PERSONALLY UNDERTAKES TO APPEAR BEFORE THE CIT(A) ON THE DATE OF HEARING TO BE FIXED BY THE CIT(A). 8. IN THE ABOVE CIRCUMSTANCES, I AM OF THE CONSIDE RED VIEW THAT IN ORDER TO RENDER SUBSTANTIAL JUSTICE, ONE MORE OPPORTUNITY MAY BE PROVIDED TO THE ASSESSEE TO PRESENT ITS APPEAL BEFORE THE CIT(A). I, THEREFORE, SET ASIDE THE ORDER OF CIT(A) AND RESTORE THE MATTER BACK TO HIS FILE TO ADJUDICATE THE AP PEAL OF THE ASSESSEE AFRESH AFTER ALLOWING REASONABLE AND PROPER OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE IS ALSO DIRECTED TO APPEAR SUO MOTU BEFORE THE CIT(A) WITHIN A PERIOD OF ONE MONTH FROM THE DATE OF THIS ORDER FOR FIXING A DATE OF HEARIN G OF ITS APPEAL. THE ASSESSEE IS FURTHER DIRECTED TO FILE ALL THE DETAILS AND EVIDENCES BEFORE THE CIT(A) AS AND WHEN CALLED UPON TO DO SO. THE CIT(A) IS ALSO DIRECTED TO DISPOSE OF THE APPEAL EXPEDITIOUSLY. WITH THIS DIRECTION, APPEAL OF THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSES. 9 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 14 / 02 /201 8 . SD / - (N. S. SAINI) / ACCOUNTANT MEMBER CUTTACK ; DAT ED 14 / 02 /201 8 . . / PKM , SENIOR PRIVATE SECRETARY ITA NO. 214 /CTK/201 7 4 / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( SENIOR PRIVATE SECRETARY ) , / ITAT, CUTTACK 1. / THE APPELLANT - MR. BISWA BHUSAN BISWAL, PROP. M/S PARASAR ENTERPRISES, BYE PASS ROAD, NR. GANDHI CHOWK, JEYPORE76400 1, DIST. - KORAPUT 2. / THE RESPONDENT - ITO, WARD - 1, JEYPORE 3. ( ) / THE CIT(A), 4. / CIT 5. , , / DR, ITAT, CUTTACK 6. / GUARD FILE. //TRUE COP Y//