Konark Transformers Pvt Ltd, Cuttack V. ITO, Bangalore

ITA 305/CTK/2013

• Counselvise Citation: 30522114 RSA 2013
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 20-10-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 15-05-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S C DAS
• Assessee Lawyers: B K MAHAPATRA
• Section: 10; 154

Judgement Text

I.T.A. NO S . 305 & 306 / CTK ./20 1 3 ASSESSMENT YEAR S : 200 9 - 20 10 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE SHRI S .V. MEHROTRA (ACCOUNTANT MEMBER) , AND SHRI GEORGE MATHAN (JUDICIAL MEMBER) I.T.A. NO S . 30 5 & 3 06 / CTK / 20 1 3 ASSESSMENT YEAR S : 200 9 - 20 10 KONARK TRANSFORMERS PVT. LTD., ..... ......... .......... .. .APP ELL ANT NEW INDUSTRIAL ESTATE, JAGATPUR, CUTTACK - 754 021 [PAN : A A ACK 7202 K ] - VS. - ASSISTANT COMMISSIONER OF INCOME TAX, ........ . RESPONDENT C.P.C., BANGALORE APPEARANCES BY: SHRI B.K. MAHAPATRA , A .R. , FOR THE A SSESSEE SHRI S.C. DAS , D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : OCTOBER 20 , 2 01 4 DATE OF PRONOUNCING THE ORDER : OCTOBER 22 , 201 4 O R D E R PER GEORGE MATHAN : ITA 305/CTK/2013 IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE OR DER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS), CUTTACK, ODISHA IN I.T. APPEAL NO. 0188/2010 - 11 DATED 26.02.2013 FOR THE ASSESSMENT YEAR 2009 - 10. ITA 306/CTK/2013 IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS), CUTTACK, ODISHA IN I.T. APPEAL NO. 0208/2011 - 12 DATED 26.02.2013 AGAINST THE CONFIRMATION OF THE ORDER PASSED UNDER SECTION 154 FOR THE ASSESSMENT YEAR 2009 - 10. I.T.A. NO S . 305 & 306 / CTK ./20 1 3 ASSESSMENT YEAR S : 200 9 - 20 10 PAGE 2 OF 3 2 . SHRI B.K. MAHAPATRA, A .R. , REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI S .C. DAS , D.R., REPRESENTED ON BEHALF OF THE REVENUE . 3. AT THE TIME OF HEARING, I T WAS SUBMITTED BY THE LD. A . R . THAT THE ASSESSEE HAD FILED ITS RETURN OF INCOME THROUGH AN ELECTRONIC FILING FOR THE RELEVANT ASSESSMENT YEAR. IT WAS THE SUBMISSION THAT THE RE WERE ERROR IN THE RETURN FILED IN SO FAR AS THE ASSESSEE HAD BY MISTAKE ENTERED AN AMOUNT OF RS.5,15,951/ - AGAINST ANY SUM PAYABLE AS INTEREST ON LOAN OR BORROWINGS FROM THE PUBLIC FINANCIAL INSTITUTIONS, WHEREAS THE SAME WAS TO BE ENTERED ONLY IN COLUM N 11 OF THE RETURN. SIMILARLY AN AMOUNT OF RS.15,114/ - WAS ENTERED IN CLAUSE 10 (A) INSTEAD OF UNDER 11 (A) . IT WAS ALSO THE SUBMISSION THAT AN AMOUNT OF RS.1,06,46,021/ - WAS WRONGLY ENTERED IN 11 (E) . IT WAS THE SUBMISSION THAT THE RETURN FILED BY THE ASSESS EE WAS PROCESSED UNDER SECTION 143(1) AGAINST WHICH THE ASSESSEE HAD FILED AN APPEAL BEFORE THE LD. CIT(APPEALS), WHO HAD DISMISSED THE APPEAL AND THE SAME WAS AGAIN APPEALED AGAINST IN ITA NO. 305 /CTK/2013 . IT WAS ALSO THE SUBMISSION THAT THE ASSESSEE HAD FILED RECTIFICATION APPLICATION UNDER SECTION 154 BEFORE THE ASSESSING OFFICER WHO HAD ALSO DISMISSED THE ASSESSEES APPLICATION FOR RECTIFICATION. IN THE RECTIFICATION APPLICATION IT WAS THE SUBMISSION THAT THE MISTAKES HAVE CREPT IN AND THE INTIMATION U NDER SECTION 143(1)(A) BEING ERRONEOUS THE SAME WAS RECTIFIABLE UNDER SECTION 154 OF THE ACT . FURTHER , IT WAS THE SUBMISSION THAT THE ISSUES COULD BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR RE - ADJUDICATION. 4 . IN REPLY, LD. D . R . SUBMITTED THAT TH ERE WAS NO ERROR WHICH WAS APPARENT FROM THE RECORD, WHICH CALLS FOR ANY RECTIFICATION. LD. DR VEHEMENTLY SUPPORTED THE ORDER OF THE ASSESSING OFFICER AND LD. CIT(APPEALS). 5 . WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE HAVE ALSO PERUSED THE RECONCILIATIO N OF THE STATEMENT OF INCOME AS PLACED BEFORE US. WE HAVE ALSO PERUSED THE 154 ORDER PASSED BY THE ASSESSING OFFICER. IT IS NOTICED THAT THE ORDER PASSED BY THE ASSESSING OFFICER IS WITHOUT GRANTING THE ASSESSEE ADEQUATE OPPORTUNITY TO SUBSTANTIATE ITS CLA IM. IN THESE CIRCUMSTANCES, IN VIEW OF THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF GOETZE ( INDIA ) LIMITED VS. - CIT REPORTED IN 284 ITR 323 (SC) , THE ISSUES IN THESE APPEALS ARE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR RE - ADJUDICATION AFTER GRANTING THE ASSESSEE ADEQUATE OPPORTUNITY TO SUBSTANTIATE ITS CASE. I.T.A. NO S . 305 & 306 / CTK ./20 1 3 ASSESSMENT YEAR S : 200 9 - 20 10 PAGE 3 OF 3 6 . IN THE RESULT, THE APPEALS FILED BY THE ASSESSE E ARE PARTLY ALLOWED FOR STATISTICAL PURPOSES. ` ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND OCTOBER , 2014. SD/ - SD/ - S .V. M EHROTRA GEORGE MATHAN ( ACCOUNTANT MEMBER) ( JUDICIAL MEMBER) KOLKATA, THE 22 ND D AY OF OCTO BER , 201 4 COPIES TO : (1) THE ASSESSEE (2) THE DEPARTMENT (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL CUTTACK B ENCH, CUTTACK LAHA/SR. P.S.