ASHOK KHAITAN, DHANBAD V. ITO WD-1(1), DHANBAD

ITA 306/RAN/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3858 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 01-12-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NISHA SINGH MARR
• Assessee Lawyers: ANAND PASARI; NITIN PASARI
• Section: 143(3); 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO. 306/RAN/2017 ASSESSMENT YEAR: 2008-09 ASHOK KHAITAN..................................APPELLANT SURYA AUTO CAMPUS, DHANSAR, DHANBAD 826106. [PAN: ADFPK 9743 C] ITO, WARD-1(1), DHANBAD..............................................................................................RESPONDENT DHANBAD 826 001. APPEARANCES BY: SHRI ANAND PASARI & SHRI NITIN PASARI, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. SMT. NISHA SINGH MARR, JCIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 07, 2019 DATE OF PRONOUNCING THE ORDER : NOVEMBER 08, 2019 ORDER PER MS. MADHUMITA ROY, JM THE INSTANT APPEAL AT THE INSTANCE OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 18.09.2017 PASSED BY THE LD. CIT(A), DHANBAD ARISING OUT OF THE ORDER DATED 30.12.2010 PASSED BY THE ITO, WARD-1(1), DHANBAD U/S 143(3) OF THE INCOME TAX ACT, 1961 (HEREIN AFTER REFERRED TO AS THE ACT) FOR A.Y. 2008-09 WITH THE FOLLOWING GROUNDS: I. THAT THE LD. CIT(A), DHANBAD ERRED IN UPHOLDING THE ADDITION OF RS. 2,44,090/- ON ACCOUNT OF ADDITION OF INCOME OF ASHOK KHAITAN HUF IN THE HAND OF ASSESSEE. II. THAT WITHOUT PREJUDICE TO ANY VIEW ON THE MATTER, THE ADDITION AS MADE BY THE LD. AO WERE HIGHLY EXCESSIVE. 2. AT THE TIME OF HEARING OF THE INSTANT APPEAL, THE LD. ADVOCATE APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT HE DOES NOT WANT TO PRESS THE GROUND NO. 1 OF THE ASSESSEE. HENCE THE SAME IS DISMISSED AS NOT PRESSED. 2 I.T.A. NOS. 306/RAN/2017 ASSESSMENT YEAR: 2008-09 ASHOK KHAITAN 3. GROUND NO. 2 RELATES TO INTEREST U/S 234A & 234B OF THE ACT. AT THE TIME OF HEARING OF THE INSTANT APPEAL, THE LD. AR RELIED UPON THE ORDER PASSED BY THE JURISDICTIONAL HIGH COURT IN THE MATTER OF ITO VS AJAY PRAKASH VERMA VS ITO, DHANBAD REPORTED IN 2013(1) TMI 140 WHEREBY AND WHERE UNDER THE INTEREST ON RETURNED INCOME HAS BEEN UPHELD INSTEAD OF INTEREST ON ASSESSED INCOME MADE BY THE AUTHORITIES BELOW. HENCE, TAKING INTO CONSIDERATION THIS PARTICULAR ASPECT OF THE MATTER, RESPECTFULLY RELYING UPON THE SAID ORDER PASSED BY THE JURISDICTIONAL HIGH COURT, WE HEREBY DIRECT THE LD. AO TO LEVY INTEREST IN TERMS OF THE RATIO LAID DOWN BY THE HONBLE JURISDICTIONAL HIGH COURT AS MENTIONED HEREINABOVE. 4. IN THE RESULT, ASSESSEES APPEAL IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 NOVEMBER, 2018. SD/- SD/- ( PRADIP KUMAR KEDIA) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 08/11/2019 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. ASHOK KHAITAN. 2. ITO, WARD-1(1), DHANBAD. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, RANCHI