Shri Mukesh Chopra, Jalandhar V. The Income Tax Officer, Jalandhar

ITA 236/ASR/2016

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0674 (ITAT-AMRITSAR)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 27-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A N MISRA
• Assessee Lawyers: BHAGAT
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR (CAMP AT JA LANDHAR ) BEFORE SH. A.D.JAIN, JUDICIAL MEMBER AND SH. T.S. KAPOOR, ACCOUNTANT MEMBER I.T.A NO.236(ASR)/2016 ASSESSMENT YEAR: 2009-10 SH. MUKESH CHOPRA 118, PUNJAB AVENUE LADHEWALI ROAD JALANDHAR. PAN: AAIPC9200G VS. INCOME TAX OFFICER , WARD-II(3), JALANDHAR. (APPELLANT) (RESPONDENT) APPELLANT BY: SH. M.R.BHAGAT RESPONDENT BY: SH. A.N.MISRA (DR) DATE OF HEARING: 21.06. 2016 DATE OF PRONOUNCEMENT: 22.06.2016 ORDER PER T. S. KAPOOR (AM): THIS IS AN APPEAL FILED BY ASSESSEE AGAINST THE ORD ER OF LEARNED CIT(A), JALANDHAR, DATED 29.02.2016 FOR ASST. YEAR: 2009-10. 2. THE ASSESSEE IS AGGRIEVED WITH THE ACTION OF LEA RNED CIT(A) BY WHICH HE HAD APPLIED NET PROFIT RATE OF 10% ON TOT AL CONTRACT RECEIPTS OF RS.1,23,76,529/-. 3. THE BRIEF FACTS OF THE CASE AS NOTED IN THE ASSE SSMENT ORDER ARE THAT THE ASSESSEE IS A CONTRACTOR. DURING THE ASSES SMENT PROCEEDINGS THE BOOKS OF ACCOUNTS OF THE ASSESSEE WERE REJECTED AND ASSESSING OFFICER APPLIED NET PROFIT RATE OF 12% ON GROSS RECEIPTS. ITA NO.23 6(ASR)/2016 ASST. YEAR: 2009-10 2 4. ON APPEAL, BEFORE LEARNED CIT(A) HE REDUCED THE NET PROFIT RATE FROM 12% TO 10%. 5. AGGRIEVED THE ASSESSEE IS IN APPEAL BEFORE US. 6. THE LD. AR SUBMITTED THAT LD. CIT(A) HAD CONFIRM ED THE ADDITION @ 10% WITHOUT CITING ANY COMPARABLE CASE AND IGNORIN G THE FACT THAT ASSESSEE HIMSELF HAD DECLARED THE NET PROFIT RATE O F 7.33%. THE ASSESSEE WAS ASKED AS TO WHY NOT THIS CASE BE REMITTED BACK TO ASSESSING OFFICER TO DECIDE THE ISSUE KEEPING IN VIEW THE PARAMETERS LAID DOWN BY HONBLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF MR. TELE LINKS ITA NO.269 OF 2014 TO WHICH LEARNED AR AGREED AND LEARNED DR HAD ALSO NO OBJECTION IN REMITTING BACK THE CASE OF THE AO. IN VIEW OF TH E ABOVE, THE CASE OF THE ASSESSEE IS REMITTED BACK TO AO WHO SHOULD FRAME A FRESH ASSESSMENT. KEEPING IN VIEW THE FOLLOWING FACTORS AS LAID DOWN BY HONBLE HIGH COURT IN THE CASE OF M/S TELELINKS HAS HELD AS UNDER: (I) THE PAST HISTORY OF THE ASSESSEE. (II) ASSESSMENT ORDER THAT MAY HAVE BEEN PASSED AND ACCEPTED BY THE DEPARTMENT (III) NATURE OF THE ASSESSEES BUSINESS. (IV) APPRAISAL OF THE VALUE OF THE CONTRACT. (V) PREVAILING ECONOMIC CONDITIONS VIS--VIS THE AS SESSEES BUSINESS (VI) THE PRICE OF RAW MATERIAL LABOUR ETC. AS COMPA RE TO PRICE INDEX AS NOTIFIED BY CENTRAL GOVT. FROM TIME TO TIME (VII) COMPARISON WITH THE ASSESSEES BUSINESS WITH SIMILAR BUSINESS. 6. NEEDLESS TO SAY THAT ASSESSEE WILL BE PROVIDED S UFFICIENT OPPORTUNITY OF BEING HEARD. ITA NO.23 6(ASR)/2016 ASST. YEAR: 2009-10 3 7. IN VIEW OF THE ABOVE, THE APPEAL FILED BY ASSESS EE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND JUNE, 2016. SD/- SD/- (A.D. JAIN) (T. S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22.06.2016. /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) THE ASSESSEE: (2) THE (3) THE CIT(A), (4) THE CIT, (5) THE SR DR, I.T.A.T., TRUE COPY BY ORDER