THE HOSHIARPUR CENTRAL COOP. BANK LIMITED, HOSHIARPUR V. DY. COMMISSIONER OF INCOME TAX CIRCLE, HOSHIARPUR

ITA 241/ASR/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2158 (ITAT-AMRITSAR)
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 15-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: J. S. BHASIN LD.
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. N.K.CHOUDHRY, JUDICIAL MEMBER AND DR. A.L.SAINI, ACCOUNTANT MEMBER ITA NO.241/ASR/2019 ASSESSMENT YEAR: 2015-16 THE HOSHIARPUR CENTRAL COOP. BANK LTD. RAILWAY ROAD, HOSHIARPUR. VS. DY. CIT, CIRCLE HOSHIARPUR. [PAN:AAAAT 0384K] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. J. S. BHASI N (LD. ADV.) RESPONDENT BY: SH. CHARAN DASS (LD. DR) DATE OF HEARING: 26.11.2019 DATE OF PRONOUNCEMENT: 26.11.2019 ORDER PER N.K.CHOUDHRY, JM: THE INSTANT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE/APPELLANT AGAINST THE ORDER DATED 22.02.2019 P ASSED BY THE LD. CIT(A)-1, JALANDHAR U/S 250(6) OF INCOME TAX ACT, 1961 (HEREINAFTER CALLED AS THE ACT). 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL. (1) THAT IN THE FACTS AND CIRCUMSTANCES OF THE CAS E, THE LD. CIT(A), AFTER HAVING ADMITTED THE ADDITIONAL EVIDEN CE, OUGHT TO HAVE DELETED THE ADDITION OF RS.1,05,98,110/- MADE U/S 40(A)(IA), RATHER THAN SETTING ASIDE THE MATTER TO THE FILE OF AO. (2) THAT THE LD. CIT(A) GROSSLY ERRED IN CONFIRM ING THE ADDITION OF RS.11,22,594/-, IN A MOST CRYPTIC WAY, BY WRONGL Y HOLDING THAT NO SUBMISSIONS WERE MADE BY ASSESSEE IN APPEAL . ITA N0.241/ASR/ 2019 (A.Y.2015-16) THE HOSHIARPUR CENTRAL COOP. BANK LTD. VS. ITO 2 (3) THAT THE ORDER UNDER APPEAL, TO THE EXTENT DIS PUTED HEREIN, IS WHOLLY AGAINST THE LAW AND FACTS OF THE CASE AND HENCE NOT SUSTAINABLE. 3. AT THE TIME OF HEARING, MR. J.S. BHASIN, LD. COUNSEL OF THE ASSESSEE, DID NOT PRESS GROUND NO.1 WHICH RELATES TO THE AD DITION OF RS.34,97,400/- BY ENDORSING HIS SIGNATURE ON THE GROUN D OF APPEAL DATED 26.11.2019, THEREFORE, ONLY GROUND NO.2 IS REQ UIRED TO BE ADJUDICATED BECAUSE THE GROUND NO.3 IS IN FORMAL IN N ATURE, HENCE, DOES NOT REQUIRE ANY INDEPENDENT ADJUDICATION. 4. HAVING HEARD THE PARTIES AND PERUSED THE MATERIAL AV AILABLE ON RECORD. THE GROUND NO.2 RAISED BY THE ASSESSEE IS THAT THE LD. C IT(A) HAS GROSSLY ERRED IN CONFIRMING THE ADDITION OF RS.11,2 2,594/- IN A MOST CRYPTIC WAY, BY WRONGLY HOLDING THAT NO SUBMISSIONS WERE MADE BY ASSESSEE IN APPEAL. THE LD. CIT(A) VIDE PARA NO.6 & 6.1 OF THE IMPUGNE D ORDER ADJUDICATED THE GROUND NO.2 RELATES TO THE DISALLOWANCE OF RS.11,22,594/- BY CONCLUDING AS UNDER: 6. GROUND OF APPEAL NO.2 IS THAT THE LD. AO HAS E RRED IN MAKING DISALLOWANCE OF RS.11,22,594/- FROM OTHER EXPENSES OF WHOLE BANK ACCOUNT OF NON-PRODUCTION OF BILLS VOUCHERS OF H.O. AND THERE OUT OF SIXTY EIGHT BRANCHES PURELY ON PRESUMPTIONS AND SUR MISES WITHOUT APPRECIATING FACTS OF THE CASE IN LEGAL PERSPECTIVE AND IN A FAIR AND JUDICIOUS MANNER. 6.1 SINCE NO SUBMISSIONS HAVE BEEN MADE ON THIS G ROUND, THEREFORE, THIS GROUND OF APPEAL IS DISMISSED. FROM THE ORDER, IT REFLECTS THAT THE LD. CIT(E) DISMIS SED THE AFORESAID GROUND ON THE REASON THAT NO SUBMISSIONS HAVE BEEN MAD E ON THIS ITA N0.241/ASR/ 2019 (A.Y.2015-16) THE HOSHIARPUR CENTRAL COOP. BANK LTD. VS. ITO 3 GROUND. OUR ATTENTION WAS DRAWN BY THE LD. COUNSEL TO THE PARA NO.8 OF ITS SUBMISSION WHICH IS DULY RECORDED IN PARA NO.6 O F THE IMPUGNED ORDER WHEREIN THE ASSESSEE HAS DISPUTED THE ADDITION UNDE R CHALLENGE AND ELABORATELY MADE ITS SUBMISSION. IN OUR CONSIDERE D OPINION, IT SEEMS THAT THOUGH THE ASSESSEEE HAS CHALLENGED THE ADDITIO N UNDER CONSIDERATION BY FILING THE WRITTEN SUBMISSION, HOWEVE R, MAY BE INADVERTENTLY OR OTHERWISE MAY NOT HAVE ARGUED OR PR ESSED THE GROUND NO.2 BEFORE THE LD. CIT(A) THAT COULD BE A RE ASON, FOR NOT DECIDING THE GROUND ON MERIT. FOR THE END OF CONTROVE RSY AND FOR JUST DECISION OF THIS CASE, WE ARE INCLINED TO SET ASIDE THE ISSU E UNDER CONSIDERATION I.E. GROUND NO.2 TO THE FILE OF THE LD. CIT(A) FOR DECISION AFRESH WHILE TAKING INTO CONSIDERATION THE WRITTEN SUBM ISSION AS WELL AS ARGUMENT, IF ANY, TO BE RAISED BY THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 26/1 1/2019. SD/- SD/- (DR. A.L.SAINI) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIA L MEMBER DATED: 26/11/2019. /PK/ PS. COPY FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THEN CIT(APPEALS) 5. SR DR, I.T.A.T. AMRITSAR 6. GUARD FILE TRUE COPY BY ORDER