M/s. Manan Exports Pvt.Ltd., Mumbai V. The Income tax Officer,Ward-1(3), Surat

ITA 2630/AHD/2012

• Counselvise Citation: 263020514 RSA 2012
• Duration Of Justice: 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 03-10-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 22-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIMALENDU VERMA
• Keywords: Principle of natural justice; Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD (BEFORE SHRI A. MOHAN ALANKAMONY, AM AND SHRI KUL B HARAT, JM) ITA NO.2630/AHD/2012 A. Y.: 2009-10 M/S MANAN EXPORTS PVT. LTD. FLAT NO. 501, BUILDING 31, CHS LTD. 90FEET ROAD, THAKUR COMPLEX, KANDIVALI (E), MUMBAI-400101 P. A. NO. AAFCM4039F VS THE INCOME TAX OFFICER, WARD 1(3), SURAT (APPELLANT) (RESPONDENT) APPELLANT BY SHRI RAJESH SHAH, A.R. RESPONDENT BY SHRI VIMALENDU VERMA, CIT DR DATE OF HEARING: 03-10-2013 DATE OF PRONOUNCEMENT: 04-10-2013 O R D E R PER A. MOHAN ALANKAMONY: THIS APPEAL IS FILED BY THE ASSESSEE AGGRIEVED BY THE ORDER OF THE LEARNED CIT( A)-I, SURAT IN APPEAL NO.CAS.I/274/2011-12 DATED 24-09-2012, FOR A SSESSMENT YEAR 2009-10. THE ASSESSEE HAS RAISED GROUNDS IN T HIS APPEAL AND THEY ARE REPRODUCED HEREIN BELOW FOR OUR CONSIDERAT ION: 1. THE LEARNED COMMISSIONER OF INCOME-TAX, APPEALS -I, SURAT HAS ERRED IN REJECTING THE ASSESSEES APPEAL ON REJECTION OF ACCOUNTS MADE U/S145(3) OF THE ACT BY LEARNED ASSESSING OFFICER. 2. THE LEARNED COMMISSIONER OF INCOME-TAX, APPEALS- I, SURAT HAS ERRED IN NOT ONLY CONFIRMING THE G.P. RAT E ITA NO.2630/AHD/2012 (AY 2009-10) M/S. MANAN EXPORTS PVT. LTD. VS ITO, W-1(3), SURAT 2 ADDITION BUT ENHANCED THE ADDITION TO THE TUNE OF RS.6,45,00,000/- ON ACCOUNT OF ESTIMATED NET PROFIT AT 1.50% OF TURNOVER WITHOUT ANY EVIDENCE OR PROPER REASON. 2. AT THE OUTSET, LD. A.R. POINTED OUT THAT LD. CIT (A) DID NOT ADMIT THE ADDITIONAL EVIDENCE PRODUCED BY THE COMPANY IN SUPPORT OF ITS STAND AND HAD PASSED THE ORDER WHICH IS AGAINST PRI NCIPLE OF NATURAL JUSTICE. HE THEREFORE PLEADED THAT THE ADDITIONAL EVIDENCE SUBMITTED BY THE ASSESSEE IN THE FORM OF PAPER BOOK PLACED BE FORE THE BENCH MAY BE ADMITTED AND THE MATTER MAY BE REMITTED BACK TO THE FILE OF LD. CIT(A) FOR FRESH CONSIDERATION. LD. D.R. OPPOSED T O THE SUBMISSION OF LD. A.R. AND PLEADED THAT THE ORDER OF THE LD. C IT(A) MAY BE CONFIRMED. 3. AFTER HEARING BOTH THE SIDES AND CONSIDERING THE ADDITION OF RS. 6,45,00,000/- MADE BY THE REVENUE, WE ARE OF THE CO NSIDERED VIEW THAT THE ADDITIONAL EVIDENCE SUBMITTED BY THE ASSES SEE SHOULD BE ADMITTED AND CONSIDERED FOR ADJUDICATION. THEREFOR E, IN THE INTEREST OF JUSTICE, WE HEREBY ADMIT THE ADDITIONAL EVIDENCE PL ACED BEFORE US BY THE ASSESSEE AND REMIT THE MATTER BACK TO THE FILE OF LD. CIT(A) FOR DE NOVO CONSIDERATION. WE ALSO MAKE IT CLEAR THAT THE ASSESSEE MAY PRODUCE ANY FRESH EVIDENCE BEFORE THE REVENUE FOR T HEIR CONSIDERATION ON THE MATTER. WE ALSO HEREBY DIRECT THE ASSESSEE TO PROMPTLY CO-OPERATE WITH THE LD. CIT(A) IN ORDER TO EXPEDITE ITS PROCEEDINGS. IT IS ORDERED ACCORDINGLY. ITA NO.2630/AHD/2012 (AY 2009-10) M/S. MANAN EXPORTS PVT. LTD. VS ITO, W-1(3), SURAT 3 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 04.10.2013 SD/- SD/- (KUL BHARAT) JUDICIAL MEMBER (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER S. K. SINHA/- TRUE COPY COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER DY. REGISTRAR, ITAT, AHMEDABAD