Sark Group Marketing ltd, Bhubaneswar V. ACIT, Bhubaneswar

ITA 309/CTK/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 81467 (ITAT-CUTTACK)
• 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: Allowed
• Bench Allotted: DB
• Next Hearing Date: 20-10-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 15-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S C DAS
• Assessee Lawyers: SASWAT ACHARYA
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH , CUTTACK BEFORE S/SHRI S.V.MEHROTRA (AM) AND GEORGE MATHAN (JM) I.T.A. NO.309/CTK/2013 ASSESSMENT YEAR: 2007-2008 SARK GROUP MARKETING LTD., 270, SAHEED NAGAR, BHUBANESWAR PA NO.AAHCS 6427 M VS ITO, WARD 2(3), BHUBANESWAR. APPELLANT RESPONDENT FOR THE APPELLANT: SHRI SASWAT ACHARYA FOR THE RESPONDENT: SHRI S.C.DAS DATE OF HEARING: 20/10/.2014 DATE OF PRONOUNCEMENT: 22 /10/2014 ORDER PER S.V.MEHROTRA, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST ORDER DATED 27.2.2013 OF LD CIT(A), CUTTACK FOR THE ASSESSMENT YEAR 2007-08. 2. THERE HAS BEEN DELAY OF 10 DAYS IN FILING THE PR ESENT APPEAL. IN THE CONDONATION PETITION, ASSESSEE HAS, INTER ALIA, STATED THAT SIN CE THE MANAGING DIRECTOR OF THE ASSESSEE WAS OUT OF HEADQUARTER FOR BUSINESS AFFAIRS, THEREFORE, NECESSARY DOCUMENTS COULD NOT BE SIGNED. AN AFFIDAVIT OF THE MD HAS ALSO BEEN FILED. CONSID ERING THE CONDONATION PETITION OF THE ASSESSEE, WE ARE OF THE OPINION THAT ASSESSEE WAS PREVENTED FOR REASONABLE CAUSE FROM FILING THE APPEAL WITHIN TIME LIMIT PRESCRIBED FOR FILING THE APPEAL BEFORE THE TRIBUNAL. HENCE, WE CONDONE THE DELAY AND PROCEED TO DECIDE THE APPEAL ON MERITS. 3. BRIEF FACTS OF THE CASE ARE THAT ASSESSEE HAD FI LED RETURN OF INCOME DISCLOSING TOTAL INCOME AT RS.62,57,620/-. THE ASSESSMENT WAS COMPL ETED AT A TOTAL INCOME OF RS.1,97,10,980/- AFTER MAKING FOLLOWING ADDITIONS: U/S. 40(A)(IA) : RS.1,14,38,214/- U/S.43B : RS. 8,19,998/- 2 PRIOR PERIOD EXPENSES : : RS. 1,39,923/- OTHER RECOVERY : RS. 10,55,223/- 4. BEING AGGRIEVED, ASSESSEE PREFERRED APPEAL BEFOR E LD CIT(A), WHO DISMISSED THE APPEAL EXPARTE OBSERVING IN PARA 4 THAT IN SPITE OF THREE OPPORTUNITIES GIVEN TO THE ASSESSEE, ASSESSEE FAILED TO SUBSTANTIATE ITS CLAIM. BEING AGGRIEVED WITH THE ORDER OF LD CIT(A), ASSESSEE IS IN APPEAL BEFORE US AND HAS, INTER ALIA, TAKEN THE FOL LOWING GROUND: 1. FOR THAT THE ORDER PASSED BY FORUM BELOW IS EX- FACIE ILLEGAL HIGHLY ARBITRARY AND EXCESSIVE AND AS SUCH LIABLE TO BE QUASHED. 5. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH PARTI ES. WE FIND THAT LD CIT(A) HAS MERELY CONFIRMED THE ADDITIONS MADE BY THE AO WITHOUT ASSI GNING ANY REASON. THUS, THE ORDER OF LD CIT(A) IS A NON-SPEAKING ORDER AND, THEREFORE, AS P RAYED BY LD COUNSEL FOR THE ASSESSEE, WE CONSIDER IT PROPER, IN THE INTEREST OF JUSTICE, THA T THE MATTER BE RESTORED TO THE FILE OF LD CIT(A) TO DECIDE THE APPEAL AFTER AFFORDING ADEQUATE OPPOR TUNITY TO THE ASSESSEE. WE ORDER ACCORDINGLY. 6. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 22 ND OCTOBER, 2014. SD/ -SD/- ( GEORGE MATHAN) (S.V.MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, CUTTACK 22 ND /10/2014 B.K.PARIDA, SR. PS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT: SARK GROUP MARKETING LTD.,270, SAHE ED NAGAR, BHUBANESWAR 2. THE RESPONDENT: ITO, WARD 2(3), BHUBANESWAR. 3. THE CIT,BHUBANESWAR 4. THE CIT(A),BHUBANESWAR 5. DR, CUTTACK BENCH 6. GUARD FILE. TRUE COPY// BY ORDER 3 1. DATE OF DICTATION 20/10/.2014. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER 20.10. 2014OTHER MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT.... 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S . 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER .............. .. 9. DATE OF DISPATCH OF THE ORDER ..