Dinesh Kumar Verma, Ambedkar Nagar V. The Commissioner of Income Tax, Faizabad

ITA 292/LKW/2012

• Counselvise Citation: 29223714 RSA 2012
• Duration Of Justice: 1 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-01-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 22-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ALOK MITRA
• Section: 144; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER ITA NO. 292 /LKW/201 2 ASSESSMENT YEAR : 2003 - 04 DINESH KUMAR VERMA AMBEDKARNAGAR V. CIT FAIZAB AD PAN: A CNPV3973A (APP ELL ANT) (RESPONDENT) APP ELL ANT BY: NONE RESPONDENT BY: SHRI. ALOK MITRA, D.R. DATE OF HEARING: 2 9 .01.2014 DATE OF PRONOUNCEMENT: 30.01.2014 O R D E R PER SUNIL KUMAR YADAV: TH I S APPEAL I S PREFERRED BY THE ASSESSEE AGA INST THE ORDER OF THE LD. CIT(A) ON VARIOUS GROUNDS, WHICH ARE AS UNDER: - 1 . BECAUSE THE LEARNED AUTHORITIES BELOW HAS ERRED IN PASSING AN ORDER WHICH IS AGAINST THE FACT OF CASE. 2 . BECAUSE THE LEARNED AUTHORITIES HAS DISALLOWED THE UNDER VALUATION OF CLOSING S TOCK WHICH IS REFLECTED IN MANUFACTURING & TRAINING PROFIT LOSS AND NOT GIVEN ANY FINDING UNDER THE ORDER UNDER SECTION 154 OF I.T. ACT. 3 . BECAUSE AS PER DIRECTION OF CIT(A), LEARNED AUTHORITY HAS NOT RECTIFY THE MISTAKE APPARENT ON THE FACE OF RECORD UNDER WRONGLY CALCULATED UNDER ASSESSMENT ORDER SECTION 144 OF THE I.T. ACT. : - 2 - : 4 . BECAUSE NO DIFFERENCE FOUND IN CLOSING STOCK IN MANUFACTURING ACCOUNT BUT IN FACTUAL MISTAKE ON THE FACT OF RECORD. 2 . TH I S APPEAL WA S TAKEN UP FOR HEARING ON 2 9 .12.201 4 , BUT NONE APPEARE D ON BEHALF OF THE ASSESSEE. ON PERUSAL OF RECORD, IT IS NOTICED THAT NOTICE OF HEARING WAS DULY SERVED ON THE ASSESSEE AS IT WAS ISSUED THROUGH RPAD . SINCE THE ASSESSEE DID NOT APPEAR DESPITE HAVING KNOWLEDGE OF THE DATE OF HEARING, WE HAVE NO OPTION BU T TO HEAR THE APPEAL EX - PARTE QUA THE ASSESSEE. ACCORDINGLY THE REVENUE WAS HEARD. 3 . WE HAVE CAREFULLY EXAMINED THE ORDER OF THE LD. CIT(A) WITH REGARD TO THE GROUNDS RAISED BY THE ASSESSEE AND WE FIND THAT THE LD. CIT(A) HAS ADJUDICATED THE IMPUGNED ISSUE IN DETAIL IN THE LIGHT OF ASSESSEES CONTENTIONS. SINCE NO INFIRMITY IS NOTICED IN THE ORDER OF THE LD. CIT(A) , WE CONFIRM THE ORDER OF THE LD. CIT(A) . 4 . IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.1.2014. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 30.1.2014 JJ: 2 9 01 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR