Chakan Soaps and Chemicals Pvt.Ltd., Pune V. Dy. CIT Cir. 1(1) Pune, Pune

ITA 300/PUN/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3270 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2002-2003
• Appeal Filed On: 03-03-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JM AND SHRI D. KARUNAKARA RAO, AM I.T.A. NO. 300 TO 303/PN/2009 : A.Y. 2002-03 CHAKAN SOAPS AND CHEMICALS PVT. LTD., SHANTAI SINDH CO-OP. HOUSING SOCIETY AUNDH, PUNE-411 007 PAN AAACC7587 M APPELLANT VS. DY. CIT CIR. 1(1) PUNE RESPONDENT APPELLANT BY : SHRI KISHORE PHADKE DEPARTMENT BY: SHRI A.S. SINGH ORDER PER BENCH ALL THESE APPEALS PERTAIN TO SAME ASSESSEE UNDER TH E PROVISIONS OF SECTION 271(1)(C), 271B, 271(1)(B) AN D 144 OF THE ACT. AND ARISE FROM THE CONSOLIDATED ORDER OF THE C IT(A)-I PUNE DATED 21-1-2009 FOR A.Y. 2002-03. SO, THEY ARE BEIN G DISPOSED OFF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONV ENIENCE. 2. THE CI(A) HAS DISMISSED ALL THESE APPEALS AFTER REJECTING THE CONDONATION REQUEST. 3. THE STAND OF THE ASSESSEE IS THAT THE ASSESSEE U SED TO IMPORT PALM OIL FROM MALAYSIA ON LARGE SCALE, PROCE SS/FILTER IT IN THE PRODUCTION PLANT AND SELL IT ONWARDS IN INDI A. THE COMPANY HAD SUBSTANTIAL FINANCIAL LOSSES IN BUSINES S AND THERE WERE ALSO DISPUTES IN THE FAMILY. ACCORDINGL Y, THE WHOLE ITA NO. 300 TO 303/PN/2009 CHAKAN SOAPS & CHEMICALS LTD. A.Y. 2002-03 , 2 BUSINESS CAME TO A STAND-STILL AND RECOVERY PROCEED INGS TOOK PLACE AS PER THE PROVISIONS OF DEBT RECOVERY TRIBUN AL. SO, THE ASSESSEE COULD NOT RUN ITS BUSINESS FROM THE REGIST ERED PLACE AND IT WAS UNDER THESE CIRCUMSTANCES, THE NOTICE CO ULD NOT BE SERVED ON THE ASSESSEE AT THE RELEVANT POINT OF TIM E AND THE MATTER WAS HEARD EX PARTE. NOTHING CONTRARY BROUGH T TO OUR KNOWLEDGE ON BEHALF OF THE REVENUE IN THIS REGARD. BESIDES, WE FIND THAT THE CIT(A) HAS PASSED A NON-SPEAKING O RDER. THE ASSESSEE HAS DEPOSED ITS AVERMENTS BY WAY OF AFFIDA VIT FILED AT PAGES 38 TO 39 OF THE PAPER BOOK. TAKING THE OVERA LL VIEW OF SITUATION AND IN THE INTEREST OF JUSTICE, WE SET AS IDE THE ORDERS OF AUTHORITIES BELOW AND RESTORE THE MATTER TO THE A.O WITH A DIRECTION TO DECIDE ALL THESE ISSUES AS PER FACT AN D LAW AFTER PROVIDING DUE OPPORTUNITY OF HEARING TO THE ASSESSE E. THE ASSESSEE IS ALSO DIRECTED TO CO-OPERATE IN THE PROC EEDINGS. IT IS PERTINENT TO MENTION HERE THAT SINCE WE ARE RESTORI NG THE MATER ON A PRELIMINARY ISSUE, WE REFRAIN TO MAKE AN Y COMMENT ON MERITS OF THE ISSUE AT OUR END. 4. IN THE RESULT, ALL THE APPEALS ARE ALLOWED FOR S TATISTICAL PURPOSES AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 24 TH SEPTEMBER 2010. SD/- SD/- (D. KARUNAKARA RAO) (SHAILENDRAKUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE,DATED THE 24 TH SEPTEMBER 2010 ANKAM ITA NO. 300 TO 303/PN/2009 CHAKAN SOAPS & CHEMICALS LTD. A.Y. 2002-03 , 3 COPY FORWARDED TO: (1) ASSESSEE (2) DEPARTMENT (3) CIT- KOLHAPUR (4) CIT(A) KOLHAPUR (5) THE D.R. A' BENCH, PUNE TRUE COPY BY ORDER, ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, PUNE BENCHES, PUNE