M/S Nirmala Nand Construction, Dhanbad V. ITO,Ward-1(1), Dhanbad

ITA 282/RAN/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1727 (ITAT-RANCHI)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 27-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MONDAL
• Keywords: Search and seizure; Audit objection

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH SMC, RANCHI BEFORE SH. S.S.GODARA, JUDICIAL MEMBER ITA NO.282/RAN/2018 [ASSESSMENT YEAR: 2011-12] M/S. NIRMALA NAND CONSTRUCTION, VEER KUNWAR SINGH COLONY, SARAIDHELA, DHANBAD-828127. PAN-AAHFN7190D VS ITO, WARD-1(1), DHANBAD. (APPELLANT) (RESPONDENT) APPELLANT BY SH.DEVESH PODDAR, ADV. RESPONDENT BY SH. P.K.MONDAL, JCIT DATE OF HEARING 10.01.2019 DATE OF PRONOUNCEMENT 15 .0 3 .2019 ORDER PER SH. S.S.GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR AY 2011-12 ARISES AGAINST THE ORDER DATED 25.04.2018 PASSED BY THE CIT(A), DHANBAD IN APPEAL NO.CIT(A), DHANBAD/10024/2016-17 IN PROCEEDINGS U/S 147/143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. I NOTICE AT THE OUTSET THAT THE INSTANT APPEAL CAN BE DISPOSED OF ON VALIDITY OF THE RE-OPENING ASPECT. THE ASSESSING OFFICER HIMSELF IS VERY FAIR IN ADMITTING THE FACT THAT HE HAD ACCEPTED INTERNAL AUDIT OBJECTION REGARDING LAND FILLING CLAIM RESULTING IN ADDITION OF RS. 5,12,395/-. THERE IS NO MATERIAL ON RECORD INDICATING THE ASSESSING OFFICER TO HAVE INDEPENDENTLY APPLIED HIS MIND WHILST FORMING THE SAID BELIEF OF THE ASSESSEES INCOME LIABLE TO BE TAXED AS HAVING ESCAPED ASSESSMENT. HONBLE BOMBAY HIGH COURTS DECISION IN CIT VS RAJAN MITTAL [2018] 403 ITR 30 HAS QUASHED A SIMILAR RE-OPENING ON THIS COUNT ALONE. I THEREFORE QUASH THE IMPUGNED ASSESSMENT ON THE GROUND THAT THE ASSESSING OFFICER HAS FAILED TO APPLY HIS MIND INDEPENDENTLY IN FACTS OF THE INSTANT CASE. THE ASSESSEE SUCCEEDS ON FORMAL GROUND AS LATTER SUBSTANTIVE GROUND IS RENDERED INFRUCTUOUS. ITA NO.282/RAN/2018 [ASSESSMENT YEAR: 2011-12] PAGE | 2 3. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 15.03.2019. SD/- (S.S.GODARA) JUDICIAL MEMBER DATE:- 15.03.2019 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- M/S. NIRMALA NAND CONSTRUCTION, VEER KUNWAR SINGH COLONY, SARAIDHELA, DHANBAD-828127. 2. RESPONDENT- ITO, WARD-1(1), DHANBAD. 3. CIT-RANCHI 4. CIT(APPEALS)-RANCHI 5. DR: ITAT-RANCHI BENCHES SR.P.S./H.O.O ITAT, RANCHI