Appeal details
Counselvise Citation
[2019] 116 COUNSELVISE.COM (IT) 7075 (ITAT-PUNE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 7 month(s) 19 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
25-07-2019
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
A
Next Hearing Date
15-07-2019
Assessment Year
2010-2011
Appeal Filed On
06-12-2017
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , BEFORE SHRI D. KARUNAKARA RAO , AM AND SHRI VIKAS AWASTHY, JM SL. NO. ITA NO. NAME OF APPELLANT NAME OF RESPONDENT ASST. YEAR 1 2882/PUN/2017 BANK OF INDIA, LAXMI ROAD BRANCH, S. NO. 592, SADASHIV PETH, LAXMI ROAD, PUNE 411030 PAN : AAACB0472C DCIT, TDS, PUNE 2010 - 11 2 2883/PUN/2017 BANK OF INDIA, SAHAKAR NAGAR BRANCH, DAS HBHUJA GANPATI BR., PLOT NO. 5, CTS NO. 584, BHAGYATARA SARANG SOC., SAHAKAR NAGAR, PUNE 411009 PAN : AAACB0472C DCIT, TDS, PUNE 2010 - 11 3 2884/PUN/2017 BANK OF INDIA, NHAVARE BRANCH, FIRST FLOOR, MALIKARJUN VKAPARI SANKU, OPP ST. STAND, NHAVARE, PU NE 412211 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 4 2885/PUN/2017 BANK OF INDIA, AUNDH BANER BRANCH, 273/1B, GULSHAN BANER ROAD, NEAR NACHIKET PARK, PUNE 411045 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 5 2886/PUN/2017 BANK OF INDIA, TH EUR BRANCH, CHINTAMANI NAGAR, YESHWANT SSK, THEUR, DISTT. - PUNE - 412110 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 6 2887/PUN/2017 BANK OF INDIA, AHMEDNAGAR BRANCH, 2457, DREAMS PLAZA, TELIKHUNT, NEAR POWER HOUSE, AHMEDNAGAR 414001 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 7 2888/PUN/2017 BANK OF INDIA, UTTAM NAGAR BRANCH, LAXMI NIWAS BLDG. MORE ITO, TDS 1, PUNE 2010 - 11 2 BANK OF INDIA GROUP CASES COLONY, PUNE 411023 PAN : AAACB0472C 8 2889/PUN/2017 BANK OF INDIA, PUNE CITY BRANCH, 181, SHIVAJI ROAD, BUDHWAR PETH, PUNE 411007 PAN : AAACB0472C DCIT, TDS, PUNE 2010 - 11 9 2890/PUN/2017 BANK OF INDIA, KOREGAON PARK BRANCH, LADKAT PLAZA, KOREGAON PARK, PUNE 411001 PAN : AAACB0472C DCIT, TDS, PUNE 2010 - 11 10 2891/PUN/2017 BANK OF INDIA, ERANDWANE BRANCH, KAR VE ROAD, PUNE 411004 PAN : AAACB0472C DCIT, TDS, PUNE 2010 - 11 11 2892/PUN/2017 BANK OF INDIA, LARGE CORPORATE BANKING BRANCH, SUSHILA BUILDING, 1290, SHIVAJI NAGAR, OPP. HOTEL SAWAN INN OFF J M ROAD, PUNE 411005 PAN : AAACB0472C ITO, TDS 1, PU NE 2010 - 11 12 2893/PUN/2017 BANK OF INDIA, PIMPRI BRANCH, POST BOX NO. 1101, OPP. PCMC BHAVAN, PIMPRI, PUNE 411018 PAN : AAACB0472C DCIT, TDS, PUNE 2010 - 11 13 2894/PUN/2017 BANK OF INDIA, NAVI PETH BRANCH, 8/2, RAVI BLDG. L.B.S. ROAD, SADASHIV PETH, PUNE 411030 PAN : AAACB0472C DCIT, TDS, PUNE 2010 - 11 14 2895/PUN/2017 BANK OF INDIA, KOTHRUD BRANCH, 133/1, BEHEDE COMPLEX, NEAR ANAND NAGAR, PAUD ROAD, PUNE 411029 PAN : AAACB0472C DCIT, TDS, PUNE 2010 - 11 15 2896/PUN/2017 BANK OF INDI A, CAMP BRANCH, DR. COYAJI ROAD, CAMP, PUNE 411001 DCIT, TDS, PUNE 2010 - 11 3 BANK OF INDIA GROUP CASES PAN : AAACB0472C 16 2897/PUN/2017 BANK OF INDIA, F.C. ROAD, BRANCH, 1201, OPP. F.C. COLLEGE, SHIVAJINAGAR, F.C. ROAD, PUNE 411004 PAN : AAACB0472C DCIT, TDS, PUNE 201 0 - 11 17 1595/PUN/2018 BANK OF INDIA, HADAPSAR BRANCH, 7A, HADAPSAR INDL. ESTATE, HADAPSAR, PUNE 411028 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 18 1596/PUN/2018 BANK OF INDIA, CHAKAN BRANCH, OLD PUNE NASIK HIGHWAY, TALUKA - KHED, CHAKAN, PUNE 410501 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 19 1597/PUN/2018 BANK OF INDIA, DEHU ROAD BRANCH, MUMBAI PUNE ROAD, NEAR RAILWAY STATION, PUNE 412101 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 20 1598/PUN/2018 BANK OF INDIA, BHAVANI PETH BRA NCH, KALPATARU PLAZA, BHAVANI PETH, PUNE 411002 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 21 1599/PUN/2018 BANK OF INDIA, RASTA PETH BRANCH, 501 - B, RASTA PETH, PUNE 411011 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 22 1600/PUN/2018 BANK OF I NDIA, WARJE BRANCH, 134/1, BAIF COMPOUND, WARJE, PUNE 411058 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 23 1601/PUN/2018 BANK OF INDIA, WANAWADI BRANCH, 9A ANCHOR HOUSE, KONDHWA ROAD, WANAWADI, PUNE 411040 PAN : AAACB0472C ITO, TDS 1, PUNE 201 0 - 11 4 BANK OF INDIA GROUP CASES 24 1602/PUN/2018 BANK OF INDIA, JUNNAR BRANCH, A/P JUNNAR, PUNE 410502 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 25 1619/PUN/2018 BANK OF INDIA, SUBHASH CHOWK BRANCH, 221 - 222, GOLD FINCH PETH, SOLAPUR 413001 PAN : AAACB0472C ITO, (TDS), SOLAPUR 2010 - 11 26 1620/PUN/2018 BANK OF INDIA, NATEPUTE BRANCH, A/P NATEPUTE, TALUKA MALSHIRAS, DISTT. - SOLAPUR 413109 PAN : AAACB0472C ITO, (TDS), SOLAPUR 2010 - 11 27 1621/PUN/2018 BANK OF INDIA, SONKE (T) BRANCH, A/P TISANGI SONKE, TAL. - PADHARPU R, DISTT. - SOLAPUR 413304 PAN : AAACB0472C ITO, (TDS), SOLAPUR 2010 - 11 28 1622/PUN/2018 BANK OF INDIA, MAHAVIR PATH, B NO. 75, AKLUJ, TAL. - MALSIRAS, DISTT. - SOLAPUR 413101 PAN : AAACB0472C ITO, (TDS), SOLAPUR 2010 - 11 29 240/PUN/2019 BANK OF IND IA, TILAK ROAD BRANCH, PMC BLDG. TILAK ROAD, SHUKRAWAR PETH, PUNE 411002 PAN : AAACB0472C DCIT, TDS, PUNE 2009 - 10 30 241/PUN/2019 BANK OF INDIA, DASHBHUJA GANPATI BRANCH, 584, SARANG SOCIETY, SAHAKAR NAGAR, PUNE 411009 PAN : AAACB0472C DCIT, TDS , PUNE 2009 - 10 31 242/PUN/2019 BANK OF INDIA, PUNE CITY BRANCH, 181, SHIVAJI ROAD, BUDHWAR PETH, PUNE 411002 PAN : AAACB0472C DCIT, TDS, PUNE 2009 - 10 5 BANK OF INDIA GROUP CASES 32 243/PUN/2019 BANK OF INDIA, JANGLI MAHARAJ ROAD BRANCH, 1205/2/6, VASANT VIHAR APTTS, J.M. ROAD, SHIVAJI NAGAR, PUNE 411005 PAN : AAACB0472C DCIT, TDS, PUNE 2009 - 10 33 244/PUN/2019 BANK OF INDIA, PASHAN ROAD BRANCH, BHUNESHWAR SOCIETY, PASHAN, PUNE 411008 PAN : AAACB0472C DCIT, TDS, PUNE 2009 - 10 34 245/PUN/2019 BANK OF INDIA, PIMPRI BRANCH, 1101, PUNE MUMBAI ROAD, PIMPRI , PUNE - 411018 PAN : AAACB0472C DCIT, TDS, PUNE 2009 - 10 35 246/PUN/2019 BANK OF INDIA, NAVI PETH BRANCH, RAVI BLDG. NAVI PETH, PUNE 411030 PAN : AAACB0472C DCIT, TDS, PUNE 2009 - 10 36 247/PUN/2019 BANK OF INDIA, FERGUS SON COLLEGE ROAD BRANCH, 1201, F.C. ROAD, PUNE 411004 PAN : AAACB0472C DCIT, TDS, PUNE 2009 - 10 37 286/PUN/2019 BANK OF INDIA, PASHAN ROAD BRANCH, BHUNESHWAR SOCIETY, PASHAN, PUNE 411008 PAN : AAACB0472C DCIT, TDS, PUNE 20 10 - 11 38 287/PUN/2019 BA NK OF INDIA, THEUR BRANCH, AT THEUR, TAL. - HAVELI, PUNE 412202 PAN : AAACB0472C ITO, TDS - 1, PUNE 2009 - 10 39 288/PUN/2019 BANK OF INDIA, WANAWADI BRANCH, 9A ANCHOR HOUSE, KONDHWA ROAD, WANAWADI, PUNE 411040 PAN : AAACB0472C ITO, TDS 1, PUNE 20 09 - 10 40 289/PUN/2019 BANK OF INDIA, ITO, TDS 1, PUNE 2009 - 10 6 BANK OF INDIA GROUP CASES WARJE MALWADI BRANCH, 134/1, BAIF COMPOUND, WARJE, PUNE 411058 PAN : AAACB0472C 41 290/PUN/2019 BANK OF INDIA, SPICER COLLEGE BRANCH, SPICER COLLEGE CAMPUS, AUNDH, PUNE 411007 PAN : A AACB0472C ITO, TDS 1, PUNE 2010 - 11 42 291/PUN/2019 BANK OF INDIA, TILAK ROAD BRANCH, PMC BLDG. TILAK ROAD, SHUKRAWAR PETH, PUNE 411002 PAN : AAACB0472C DCIT, TDS, PUNE 2010 - 11 43 292/PUN/2019 BANK OF INDIA, BREMEN CHOWK BRANCH, BREMEN BUSINESS CE NTER, NEAR CITY INTERNATIONAL SCHOOL, AUNDH, PUNE - 411007 PAN : AAACB0472C ITO, TDS 1, PUNE 2009 - 10 44 293/PUN/2019 BANK OF INDIA, NARAYANGAON BRANCH, NARAYANGAON, JUNNAR, PUNE 410110 PAN : AAACB0472C ITO, TDS 1, PUNE 2009 - 10 45 294/PUN/2019 BAN K OF INDIA, NARAYANGAON BRANCH, NARAYANGAON, JUNNAR, PUNE 410110 PAN : AAACB0472C ITO, TDS 1, PUNE 2010 - 11 46 345/PUN/2019 BANK OF INDIA, GHODNADI BRANCH, GHODNADI, SHIRUR, PUNE 412210 PAN : AAACB0472C ITO, TDS 1, PUNE 2009 - 10 47 346/PUN/201 9 BANK OF INDIA, AUNDH BANER BRANCH, AUNDH, BANER ROAD, PUNE 411007 PAN : AAACB0472C ITO, TDS 1, PUNE 2009 - 10 48 347/PUN/2019 BANK OF INDIA, BHAVANI PETH BRANCH, KALPATARU PLAZA, BHAVANI PETH, PUNE 411002 ITO, TDS 1, PUNE 2009 - 10 7 BANK OF INDIA GROUP CASES PAN : AAACB0472C 49 348/PUN/2019 BANK OF INDIA, UTTAMNAGAR BRANCH, UTTAMNAGAR, PUNE 411058 PAN : AAACB0472C ITO, TDS 1, PUNE 2009 - 10 50 349/PUN/2019 BANK OF INDIA, URALIKANCHAN BRANCH, TAKHTE BLDG., PUNE SOLAPUR ROAD, TAL. - HAVELI, DISTT. - PUNE 412202 PAN : AAACB0472C ITO, TDS 1, PUNE 2009 - 10 51 3 50 /PUN/2019 BANK OF INDIA, LAVALE BRANCH, LAVALE, RAUT NAGAR, PUNE 411042 PAN : AAACB0472C ITO, TDS 1, PUNE 2009 - 10 52 351/PUN/2019 BANK OF INDIA, HADAPSAR BRANCH, 7A, HADAPSAR INDUSTRIAL ESTATE, PUNE 41 1013 PAN : AAACB0472C ITO, TDS 1, PUNE 2009 - 10 53 352/PUN/2019 BANK OF INDIA, RASTA PETH BRANCH, 501 - B, RASTA PETH, KOTHRUD, PUNE - 411011 PAN : AAACB0472C ITO, TDS 1, PUNE 2009 - 10 / ORDER PER BENCH : THESE 53 APPEALS FILED BY THE VARIOUS BRANCHES OF THE ASSESSEE BANK ARE AGAINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS) - 8 / 10 , PUNE PASSED U/S. 201(1) AND 201(1A) O F THE INCOME TAX ACT, 1961 ASSESSEE BY SHRI A.V. IYER REVENUE BY S HRI A.K. MODI SHRI RA JESH GAWALI DATE OF HEARING 1 5 .0 7 .2019 DATE OF PRONOUNCEMENT 25 .0 7 .2019 8 BANK OF INDIA GROUP CASES (HEREINAFTER REFERRED TO A S THE ACT) IN THEIR RESPECTIVE CASES. THESE APPEALS PERTAIN TO ASSESSMENT YEARS 2009 - 10 AND 2010 - 11 AS MENTIONED IN THE MEMO OF PARTIES AGAINST THE RESPECTIVE TITLE OF APPEAL. SINCE, THE ISSUE RAISED IN ALL THESE BUNCH OF APPEALS IS IDENTICAL, THESE A PPEALS ARE TAKEN UP TOGETHER FOR ADJUDICATION AND ARE DISPOSED OF VIDE THIS COMMON ORDER. 2. SHRI A.V. IYER APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE DEPARTMENT SOUGHT INFORMATION RELATING TO TAX DEDUCTED AT SOURCE (TDS) ON INTEREST PAYMENT S TO ITS CUSTOMERS FROM VARIOUS BRANCHES OF THE ASSESSEE BANK LOCATED IN PUNE AND SOLAPUR . THE LD. AR SUBMITTED THAT OUT OF TOTAL 53 APPEALS, 21 APPEALS PERTAIN TO ASSESSMENT YEAR 2009 - 10. THE INFORMATION REGARDING TDS ON THE INTEREST PAYMENTS WAS SOUGHT BY THE ASSESSING OFFICER FOR THE PERIOD RELEVANT TO ASSESSMENT YEAR 2009 - 10 SOMETIMES IN THE END OF JANUARY, 2016 . BASED ON THE INFORMATION RECEIVED FROM VARIOUS BRANCHES OF THE ASSESSEE, SHOW CAUSE NOTICES WERE ISSUED TO THE B RANCHES OF ASSESSEE BY ASSE SSING OFFICER ON 05 - 03 - 2016 SEEKING VARIOUS INFORMATION ON TDS BY 22 - 03 - 2016. THE HEAD OFFICE OF THE BANK SUBMITTED INFORMATION IN RESPECT OF ALL THE BRANCHES THROUGH E - MAIL TO ASSESSING OFFICER ON 21 - 03 - 2016. NO T SATISFIED WITH THE INFORMATION FURNISHED , THE ASSESSING OFFICER PASSED THE ORDER U/S. 201(1) AND 201(1A) IN THE CASE OF ALL THE RESPECTIVE B RANCHES OF THE ASSESSEE BANK. 2.1 THE LD. AR SUBMITTED THAT SIMILARLY IN OTHER 32 APPEALS, THE ASSESSING OFFICER SOUGHT INFORMATION PERTAINING TO ASSESSMEN T YEAR 2010 - 11 IN THE MONTH OF JANUARY, 2017. SHOW CAUSE NOTICE WAS ISSUED TO VARIOUS BRANCHES OF ASSESSEE B ANK IN THE FIRST/SECOND WEEK OF 9 BANK OF INDIA GROUP CASES JANUARY, 2017 AND WITHOUT AFFORDING SUFFICIENT OPPORTUNITY OF HEARING , ORDER U/S. 201(1) AND 201(1A) OF THE ACT WAS PASSED BY THE ASSESSING OFFICER . 2.2 THE LD. AR SUBMITTED THAT A PERUSAL OF DOCUMENTS ON RECORD WOULD REVEAL THAT THE INFORMATION/DATA SOUGHT BY THE ASSESSING OFFICER WAS RELATING TO PERIOD ABOUT 6 YEARS OLD. THE OLD RECORDS WERE STORED IN GODOWN AND IT WAS TIME CONSUMING TO RETRIEVE THE INFORMATION FROM THE DOCUMENTS STORED IN GODOWN IN A SHORT SPAN OF TIME PROVIDED BY THE ASSESSING OFFICER. THE VOLUME OF DATA TO BE SEARCHED FOR FURNISHING THE INFORMATION WAS HUGE. THE ASSESSEE TRIED IT LEVEL BEST T O RETRIEVE THE INFORMATION / DOCUMENTS AS FAR AS POSSIBLE AND SUBMITTED THE SAME BEFORE THE ASSESSING OFFICER WITHIN THE PERIOD OF TWO WEEKS TIME. THE ASSESSEE INTER ALIA FURNISHED FOLLOWING DOCUMENTS : I . CERTIFICATE OF NIL/LOWER DEDUCTION OF TAX IN RESPECT OF SOME DEPOSIT HOLDERS. II . INCOME TAX RETURNS OF VARIOUS DEPOSITORS WHEREIN THE BANK FAILED TO DEDUCT TDS BUT THE DEPOSITORS HAVE FULLY DISCLOS ED INTEREST RECEIVED FROM THE BANK AND HAVE PAID TAXES THEREON. III . DETAILS OF THE DEPOSITORS WHEREIN INTEREST WAS PAI D ON MATURITY BUT NO TAX AT SOURCE WAS DEDUCTABLE. 2.3 THE LD. AR SUBMITTED THAT THOUGH EFFORT WAS MADE TO FURNISH THE ENTIRE INFORMATION AVAILABLE IN SHORT SPAN , BUT DUE TO PAUCITY OF TIME AND VOLUMINOUS RECORDS TO BE SEARCHED, ENTIRE INFORMATION COULD NOT BE RETRIEVE D, AS THE INFORMATION SOUGHT WAS ALMOST 6 YEARS OLD. THIS RESULTED IN MISMATCH OF DATA AVAILABLE WITH THE ASSESSEE AND THE 10 BANK OF INDIA GROUP CASES INFORMATION WITH THE ASSESSING OFFICER. THE ASSESSING OFFICER PASSED THE ORDERS IN THE CASE OF RESPECTIVE B RANCHES OF ASSESSEE B ANK MAKING ADDITIONS U/S. 201(1) AND 201(1A) OF THE ACT. THE ASSESSEE CARRIED THE ISSUE IN APPEAL BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS). THE COMMISSIONER OF INCOME TAX (APPEALS) WITHOUT AFFORDING SUFFICIENT OPPORTUNITY OF HEARING T O THE ASSESSEE AGAIN CONFIRMED THE ADDITIONS. IN THE MEANTIME THE ASSESSEE HAS RETRIEVE SOME MORE INFORMATION FROM ITS RECORD S IN RESPECT OF DEPOSITORS FOR THE PERIOD RELATING TO ASSESSMENT YEARS 2009 - 10 AND 2010 - 11. THE LD. AR SUBMITTED THAT IF AN OPPOR TUNITY IS GRANTED TO THE ASSESSEE, THE ASSESSEE WOULD SHOW THAT NO ADDITION U/S. 201(1) AND NO LIABILITY OF INTEREST U/S. 201(1A) IS WARRANTED. 2.4 THE LD. AR SUBMITTED THAT THOUGH IN THE GROUNDS OF APPEAL NO GROUND HAS BEEN RAISED CHALLENGING THE VALID ITY OF ORDERS U/S. 201(1) AND 201(1A) PASSED BY THE ASSESSING OFFICER, THE AFORESAID ORDERS IN THE CASE OF RESPECTIVE APPEALS ARE BARRED BY LIMITATION AND HENCE , ARE LIABLE TO BE SET ASIDE. THE LD. AR SUBMITTED THAT AS PER PROVISIONS OF SECTION 201(3) AS THEY WERE APPLICABLE TO THE ASSESSMENT YEAR UNDER APPEAL THE PERIOD OF LIMITATION FOR PASSING THE ORDERS U/S. 201 (1) WAS TWO YEARS FROM THE END OF FINANCIAL YEAR IN WHICH THE STATEMENT IS FILED AND SIX YEARS FROM THE END OF FINANCIAL YEAR IN WHICH THE PAYM ENT IS MADE OR IS CREDITED. THE CASE OF ASSESSEE IN ALL THE APPEALS FAILS UNDER SUB - SECTION 3(I) OF SECTION 201 OF THE ACT. 3. ON THE OTHER HAND SHRI A.K. MODI AND SHRI RAJESH GAWALI REPRESENTING THE DEPARTMENT VEHEMENTLY DEFENDED THE IMPUGNED ORDERS. THE LD. DRS SUBMITTED THAT SUFFICIENT OPPORTUNITY OF HEARING WAS AFFORDED TO THE ASSESSEE BY THE COMMISSIONER OF INCOME TAX (APPEALS) AND THE 11 BANK OF INDIA GROUP CASES ASSESSING OFFICER. HOWEVER, THE ASSESSEE FAILED TO PRODUCE RELEVANT DOCUMENTS TO SUPPORT ITS CONTENTIONS. THE L D. DRS FILED A CHART INDICATING DATE OF SHOW CAUSE NOTICE, DATE OF HEARING AS PER SHOW CAUSE NOTICE AND THE DATE OF PASSING THE ORDERS U/S. 201 (1) AND 201(1A) OF THE ACT, BY THE ASSESSING OFFICER. THE LD. DRS FURTHER POINTED THAT WHEREVER THE ASSESSEE HAD PRODUCED DOCUMENTARY EVIDENCE TO SHOW COMPLIANCE OF TDS PROVISIONS , THE BENEFIT OF SAME HAS BEEN GRANTED TO THE ASSESSEE BY THE AUTHORITIES BELOW. 4. WE HAVE HEARD THE SUBMISSIONS MADE BY REPRESENTATIVE OF RIVAL SIDES AND HAVE EXAMINED THE IMPUGNED ORD ERS. THE IMPUGNED ORDERS IN ALL THE APPEALS ARE IDENTICAL. THE CHART GIVING THE DETAILS OF DATE OF SHOW CAUSE NOTICE , THE DATE OF HEARING BEFORE ASSESSING OFFICER AND THE DATE OF ORDERS PASSED BY THE ASSESSING OFFICER REVEAL THAT FROM THE DATE OF ISSU ANC E OF SHOW CAUSE TO THE DATE OF PASSING OF ORDERS U/S. 201(1) AND 201(1A) OF THE ACT IS LESS THAN ONE MONTH AND IN SOME OF THE CASES IT IS BARELY TWO WEEKS. UNDISPUTEDLY, THE INFORMATION SOUGHT BY THE ASSESSING OFFICER FROM THE ASSESSEE IS ABOUT SIX YEARS OLD. IT TAKES TIME TO RETRIEVE THE OLD INFORMATION. WE FIND MERIT IN THE CONTENTIONS OF THE LD. AR OF ASSESSEE. THE COMMISSIONER OF INCOME TAX (APPEALS) HAS FAILED TO APPRECIATE THE FACT THAT TO RETRIEVE OLD INFORMATION FROM VOLUMINOUS P H YSICAL DAT A IS A HERCULEAN TASK. WE ARE OF CONSIDERED VIEW THAT SUFFICIENT OPPORTUNITY TO PRODUCE RELEVANT INFORMATION/DATA WAS NOT AFFORDED TO THE ASSESSEE. TAKING INTO CONSIDERATION ENTIRETY OF FACTS, WE DEEM IT APPROPRIATE TO RESTORE ALL THESE APPEALS BACK TO THE FI LE OF COMMISSIONER OF INCOME TAX (APPEALS) FOR DE - NOVO ADJUDICATION, AFTER AFFORDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE, IN ACCORDANCE WITH LAW. 12 BANK OF INDIA GROUP CASES 5. THE LD. AR DURING THE COURSE OF SUBMISSIONS HAS RAISED A LEGAL GROUND CHALLENGING THE VALID ITY OF ORDERS PASSED U/S. 201(1) AND 201(1A) OF THE ACT, ON THE GROUND OF LIMITATION. THIS GROUND WAS NEITHER RAISED BY ASSESSEE BEFORE THE FIRST APPELLATE AUTHORITY NOR WAS RAISED BEFORE THE TRIBUNAL AS ADDITIONAL GROUND OF APPEAL. THE ASSESSEE IS AT LI BERTY TO RAISE ALL LEGAL ISSUE S BEFORE THE FIRST APPELLATE AUTHORITY , IF SO ADVISED. 6. IN THE RESULT, THE IMPUGNED ORDERS ARE SET ASIDE AND ALL THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSE IN THE TERMS AFORESAID. ORDER PRONOUNCED ON THURSDAY, THE 25 TH DAY OF JU LY, 2019. SD/ - SD/ - ( . /D. KARUNAKARA RAO) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 25 TH JULY, 2019. RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) CONCERNED 4. / THE CIT CONCERNED 5. , , , / DR, ITAT, A BENCH, P UNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE
