Haryana State Cooperative Supply & Marketing Federation Ltd., Panchkula V. DCIT, Panchkula

ITA 247/CHANDI/2011

• Counselvise Citation: 24721514 RSA 2011
• Duration Of Justice: 11 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-04-2013
• Assessment Year: 2004-2005
• Appeal Filed On: 10-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJEET SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BEN CH B BEFORE SHRI H.L. KARWA, V.P. AND SHRI MEHAR SINGH, AM ITA NO. 247/CHD/2011 ASSESSMENT YEAR 2004-05 HARYANA STATE COOPERATIVE V. D.C.I.T. PANCHKULA CIRCLE SUPPLY & MARKETING FEDERATION PANCHKULA LTD. PANCHKULA PAN: AAAJH 0022 R (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY: SHRI MANJEET SINGH DATE OF HEARING: 1.3.2012 DATE OF PRONOUNCEMENT: 5.03.2012 ORDER PER MEHAR SINGH, AM THE PRESENT APPEAL FILED BY THE ASSESSEE, FOR ASSE SSMENT YEAR 2004-05, IS DIRECTED AGAINST THE ORDER OF LD. CIT(A ), PANCHKULA DATED 2.12.2010 U/S 250(6) OF THE INCOME-TAX ACT (IN SHOR T THE ACT). 2. AT THE TIME OF HEARING ON 1..3.2012, NOBODY WAS PRESENT ON BEHALF OF THE ASSESSEE. THE ASSESSEE NEITHER PRESENTED ITSELF NO R SOUGHT ANY ADJOURNMENT ON THE APPOINTED DATE. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE ITS APPEAL, CONSEQUENTLY THE APPEAL OF THE ASSESSEE IS DISMISSE D IN DEFAULT. FOR THIS VIEW WE ARE FORTIFIED BY THE FOLLOWING DECISIONS: I CIT V. B.N. BHATTACHARGEE AND ANOTHER, REPORTED I N 18 ITR 461 II ESTATE OF LATE TUKOJIRAO HOLKAR V CWT, 223 ITR 4 80 (MP) III CIT V MULTIPLAN INDIA LTD, 38 ITD 320 (DEL) 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED IN DEFAULT. ORDER PRONOUNCED ON 5.3.2012. SD/- SD/- (H.L. KARWA) (MEHAR SINGH) VICE PRESIDENT ACCOUNTANT MEMBEER DATED: 5.3.2012 SURESH COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT/THE C IT(A)/ THE DR 2 3 4 5 6 7 8 9 10 11 THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF AP PEAL: 1 THAT THE ORDER PASSED BY THE LD. CIT(A) IN PARTL Y ALLOWING THE APPEAL AND CONFIRMING ACTION OF THE AO ARE ILLE GAL, ARBITRARY, HAVE BEEN PASSED IN A HASTE AND HAVE IGNORED BASIC ASPECTS AND FACTS THUS CAUSING UNDUE HARDSHIP TO THE APPELLANT. 2. THAT THE LD. CIT(A) HAS ERRED BOTH IN FACTS AND LAW IN CONFIRMING THE ADDITION OF RS. 11840994/- ON ACCOUN T OF PAYMENT MADE TO GROUP GRATUITY FUND. THE ADDITION IS ILLEGAL AND HAS BEEN MADE WITHOUT C ONSIDERING THE FACTS OF THE CASE CORRECTLY AND DESERVES TO BE DELE LTED. IT IS PRAYED THAT THE ADDITION OF RS. 11840994/- MA Y BE ORDERED TO BE DELETED. 3. THAT THE APPELLANT CRAVES TO ADD, DELETE, CONCED E, AND MODIFY ANY OR ALL THE GROUNDS OF APPEAL AT THE TIME OF HEARING OF APPEAL. 3. BRIEF FACTS OF THE CASE ARE THAT THE ORIGINAL AS SESSMENT WAS MADE IN THIS CASE ON 17.11.2006. VARIOUS ADDITIONS WERE MADE AND THE INCOME OF THE ASSESSEE WAS ASSESSED AT RS. 77,68,19 ,390/- AS AGAINST 12 THE RETURN INCOME OF RS. 39,15,04,792/-. THE ASSES SEE APPEALED AGAINST THIS ORDER AND AFTER THE DECISION OF LD. CI T(A), THE MATTER REACHED UPTO ITAT AND THE HON'BLE ITAT VIDE ORDER D ATED 31.10.2008 IN ITA NO. 522 & 575/CHD/2008 FOR AY 2004-05 REMAND ED/SENT THE FOLLOWING ISSUES TO THE FILE OF THE AO FOR EXAMININ G/ADJUDICATING THE SAME IN ACCORDANCE WITH LAW AFTER GIVING DUE OPPORT UNITY OF BEING HEARD TO THE ASSESSEE:- I) DISALLOWANCE OF RS. 47,88,414/- OUT OF DEDUCTION U/S 80P(2)(D). II) DISALLOWANCE OF EXPENDITURE OF RS. 10,13,150/- UNDER THE HEAD PRIOR PERIOD EXPENSE. III) DISALLOWANCE OF RS. 1,18,40,994/- PAID TO LIC UNDER GROUP GRATUITY SCHEME. IV) VERIFICATION OF ADVERTISEMENT EXPENSE (BY UPHOL DING THE DIRECTIONS ISSUED BY THE LD. CIT(A)}. THE AO ACCORDINGLY REFRAMED THE ASSESSMENT KEEPING IN VIEW THE DIRECTIONS OF THE HON'BLE ITAT AND MADE THE FOLLOWI NG DISALLOWANCES:- I) DISALLOWANCE OF DEDUCTION U/S 80P(2)(D) RS. 47, 88,414/- II) DISALLOWANCE ON ACCOUNT OF CONTRIBUTION LIC RS . 1,18,40,994/- 4. 5. 6. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS ORDER PRONOUNCED ON .03.2012 (H. L. KARWA) (M EHAR SINGH) VICE PRESIDENT ACCOUNANT MEMBER 13 CHANDIGARH, THE .03.2012 SURESH COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR