M/s Mathura Vrindaban, Mathura V. A.C.I.T.-3, Mathura

ITA 279/AGR/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 50330 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 09-08-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 15-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K SHARMA
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI K.G. BANSAL, ACCOUNTANT MEMBER ITA NOS.278, 279 & 280/AGR/2010 ASSESSMENT YEARS: 2003-04, 2004-05 & 2005-06 RESPE CTIVELY M/S MATHURA VRINDABAN DEVELOPMENT VS. ASSTT. COMM ISSIONER OF INCOME TAX-3 AUTHORITY, MATHURA. CIVIL LINES, MATHURA. (PAN : AAALM 0135 A). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SAHIB P. SATSANGEE, C.A. RESPONDENT BY : SHRI A.K. SHARMA, JR. D.R. ORDER PER BENCH : THE ASSESSEE HAS FILED THE AFORESAID APPEALS AGAINS T THE DIFFERENT IMPUGNED ORDERS DATED 19.03.2010 PASSED BY THE LD. CIT(A)-I, AGRA FOR THE ASSESSMENT YEARS 2003-04, 2004-05 & 2005-06 RESPECTIVELY. 2. SINCE THE ISSUES INVOLVED AND THE GROUNDS RAISED IN ALL THE AFORESAID APPEALS BY THE ASSESSEE ARE SIMILAR, EXCEPT FOR AMOUNTS IN DISPUTE, THEREFORE, ALL THESE APPEALS ARE DISPOSED OF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. 2 3. THE GROUNDS RAISED BY THE ASSESSEE IN ITA NO.278 /AGR/2010 FOR THE ASSESSMENT YEAR 2003-04 READ AS UNDER :- 1. BECAUSE THE LEARNED CIT(A)-1, AGRA HAS ERRED ON FACTS AND IN LAW IN IGNORING THAT ASSESSEE HAS BEEN GRANTED REGI STRATION UNDER SECTION 12AA OF THE INCOME TAX ACT, 1961 VIDE ORDER DATED 18.02.2008 W.E.F. 01.04.2002. THE EX-PARTE ORDER P ASSED CONFIRMING THE ADDITION MADE BY THE ASSESSING OFFICER IS LIAB LE TO BE QUASHED SINCE THE ENTIRE INCOME OF THE ASSESSEE IS EXEMPT F ROM TAX. 2. BECAUSE THE LEARNED AUTHORITIES BELOW HAVE ERRED ON FACTS AND IN LAW IN MAKING AN ADDITION OF ` 7,81,687/- ON THE BASIS OF WORKING OUT THE INTEREST ON AMOUNT RECEIVABLE FROM MUNICIPA L BOARD, MATHURA AND HEALTH DEPARTMENT, MATHURA WITH THE OBSERVATION THAT SINCE THE ASSESSEE IS MAINTAINING ACCOUNTS ON MERCANTILE BASI S, INTEREST DUE ON SUCH RECEIVABLE SHOULD HAVE BEEN CHARGED. THE ADDI TION MADE IS LIABLE TO BE DELETED. 3. THAT THE APPELLANT CRAVES LEAVE TO ADD TO OR DEL ETE ANY OF THE GROUNDS HEREINBEFORE. 4. THE FACTS NARRATED BY THE ASSESSEE ARE NOT DISPU TED BY BOTH THE PARTIES, THEREFORE, NO NEED TO REPEAT THE SAME FOR THE SAKE OF CONVENIENCE. 5. SHRI SAHIB SATSANGEE, CHARTERED ACCOUNTANT, LD. COUNSEL FOR THE ASSESSEE STATED THAT THE LD. FIRST APPELLATE AUTHORITY HAD D ECIDED THE ISSUE IN DISPUTE AGAINST THE ASSESSEE WITHOUT AFFORDING SUFFICIENT O PPORTUNITY OF HEARING TO THE ASSESSEE. HE, THEREFORE, ONLY REQUESTED THAT THE M ATTER MAY BE SET ASIDE TO THE LD. 3 FIRST APPELLATE AUTHORITY TO DECIDE THE SAME AFRESH UNDER LAW, AFTER GIVING FULL OPPORTUNITY TO THE ASSESSEE. 6. THE LD. DEPARTMENTAL REPRESENTATIVE HAS NOT RAIS ED ANY SERIOUS OBJECTION, BUT HE RELIED UPON THE ORDER PASSED BY THE LD. CIT( A). 7. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORDS AVAILABLE WITH US, ESPECIALLY THE IMPUGNED ORDERS. WE FIND THAT THE L D. FIRST APPELLATE AUTHORITY HAS ISSUED NOTICE TO THE ASSESSEE AND AFFORDED A VERY S HORT TIME TO REPRESENT ITS CASE. WE ALSO FOUND THAT THE PROCEEDINGS BEFORE THE LD. F IRST APPELLATE AUTHORITY ARE ALSO NOT CONTINUED FROM THE DATE OF ISSUANCE OF NOT ICE TO THE CLOSING OF THE CASE. THEREFORE, THE ASSESSEE COULD NOT BE AFFORDED PROPE R OPPORTUNITY AND REPRESENT ITS CASE BEFORE THE LD. CIT(A)-I, AGRA. AS REQUESTED B Y THE LD. COUNSEL FOR THE ASSESSEE THAT THE ASSESSEE WAS NOT GIVEN SUFFICIENT OPPORTUNITY TO ESTABLISH ITS CASE BEFORE THE LD. FIRST APPELLATE AUTHORITY, WE FIND T HAT TO THAT EXTEND THE AVERMENTS OF THE LD. COUNSEL FOR THE ASSESSEE ARE CORRECT. T HEREFORE, IN THE INTEREST OF JUSTICE, WE ACCEPT THE REQUEST OF THE LD. COUNSEL FOR THE AS SESSEE AND SET ASIDE THE ISSUE IN DISPUTE TO THE LD. FIRST APPELLATE AUTHORITY TO DEC IDE THE SAME AFRESH UNDER LAW, AFTER GIVING FULL OPPORTUNITY TO THE ASSESSEE. THU S, THE APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4 ITA NOS.278, 279 & 280/AGR/2010 ASSESSMENT YEARS: 2003-04, 2004-05 & 2005-06 RESPE CTIVELY 8. IN THE RESULT, ALL THE APPEALS FILED BY THE ASSE SSEE ARE ALLOWED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE OPEN COURT ON 09.08.20 11). SD/- SD/- (K.G. BANSAL) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AGRA DATE: 9 TH AUGUST, 2011 PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR, ITAT, AGRA BENCH, AGRA 6. GUARD FILE ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY