The ITO, Ward-2(1) (2), RAJKOT-GUJARAT V. Shri Bhavesh H. Kamdar, HUF, RAJKOT-GUJARAT

ITA 31/RJT/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2290 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 23-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S ANJARIA
• Keywords: Rectification of order
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE: S H RI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER [CONDUCTED THROUGH E - CO URT AT AHMEDABAD] THE ITO, WARD 2(1)(2), RAJKOT (APPELLANT) VS SHRI BHAVESH H. KAMDAR, HUF VANSIRO HOUSE, 30, KARNPARA, RAJKOT PAN: AAGHB3506A (RESPONDENT) REVENUE BY : S H RI C.S. ANJARIA , D . R. ASSESSEE BY: NONE DATE OF HEARING : 03 - 12 - 2 015 DATE OF PRONOUNCEMENT : 12 - 02 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIA L MEMBER : - THI S REVENUE S APPEAL FOR A.Y. 2007 - 08 , AR ISES FROM ORDER OF THE CIT(A) - II I, RAJKOT DATED 14 - 11 - 2014 IN APPEAL NO. CIT(A) - II I / 0078/12 - 13 , IN PROCEEDINGS UNDER SECTION 154 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 31 / RJT /20 15 A SSESSMENT YEAR 200 7 - 08 I.T.A NO. 31 /RJT /20 15 A.Y. 2007 - 08 PAGE NO ITO VS. SHRI BHAVESH H. KAMDAR, HUF 2 2. THE REVENUE S SOLE SUBSTANTIVE GROUND CHALLENGES THE LOWER APPELLATE ORDER ALLOWING SET OFF OF BROUGHT FORWARD LOSS OF RS. 1,41,054/ - BY HOLDING THE ASSESSEE TO BE COVERED BY B OARD S CIRCULAR NO. 142/04/2005 DATED 24 - 07 - 2006 STIPULATING THE RELEVANT RETURN FOR ASSESSMENT YE AR 2006 - 07 TO BE FILED UPTO 31 - 10 - 2006. WE COME TO FACTS OF THE CASE. THE ASSESSING OFFICER COMPLETED A REGULAR ASSESSMENT ON 16 - 12 - 2009 COMPUTING TOTAL ASSESSABLE INCOME AS RS. 3,60,540/ - . HE THEREAFTER NOTICED ASSESSEE S SET OFF OF LOSS CLAIM IN QUEST ION . THE ASSESSEE APPEARS TO HAVE FILED HIS RETURN FOR ASSESSMENT YEAR 2006 - 07 ON 30 - 10 - 2006 FOLLOWED BY A REVISED ONE DATED 26 - 05 - 2008. HE SOUGHT TO CLAIM THE IMPUGNED BROUGHT FORWARD LOSS. THE ASSESSING OFFICER PASSED A RECTIFICATION ON 30 - 07 - 2012 U/S. 154 OF THE ACT DISALLOWING THE IMPUGNED SE T OFF OF LOSS BY CONCLUDING THAT THE RETURN IN QUESTION HAD BEEN FILED AFTER THE DUE DATE OF ITS FILING. 3. THE ASSESSEE PREFERRED APPEAL. THE CIT(A) REVERSES ASSESSING OFFICER S RECTIFICATION ORDER BY HOLDING T HAT THE BOARD S CIRCULAR DATED 24 - 07 - 2006 (SUPRA) STIPULATED FILING OF RETURN FOR ASSESSMENT YEAR 2006 - 07 UPTO 31 - 10 - 2006 WHEREAS THE ASSESSEE S RETURN ALREADY STOOD FILED ON 30 - 10 - 2006 (SUPRA). HE ACCORDINGLY ACCEPTS ASSESSEE S SET OFF OF BROUGHT FORWARD LOSS CLAIM IN QUESTION. THIS L E AVES THE RE VENUE AGGRIEVED. 4. WE HAVE HEARD THE REVENUE. THE ASSESSEE HAS NOT COME PRESENT DESPITE SERVICE OF NOTICE. WE PROCEED EX - PARTE AGAINST HIM. I.T.A NO. 31 /RJT /20 15 A.Y. 2007 - 08 PAGE NO ITO VS. SHRI BHAVESH H. KAMDAR, HUF 3 RECORDS PERUSED. THE REVENUE STRONGLY REITERATES THE ASSESSING OFF ICER S ACTION RECTIFYING THE ASSESSMENT ALREADY FRAMED BY HOLDING THE ASSESSEE AS NOT ENTITLED FOR SET OFF OF BROUGHT FORWARD LOSSES OF ASSESSMENT YEAR 2006 - 07 FOR HAVING FILED THE RETURN NOT BEFORE THE DUE DATE. HOWEVER, IT FAILS TO REBUT THE CIT(A) S CO NCLUSION THAT BOARD S CIRCULAR PRESCRIBED THIS DATE AS UPTO 31 - 10 - 2006 I.E. MUCH AFTER THE ACTUAL DATE OF FILING 30 - 10 - 2006. WE FIND NO FORCE IN THIS SOLE SUBSTANTIVE GROUND ACCORDINGLY. THE CIT(A) S FINDINGS ARE CONFIRMED. 5. THIS REVENUE S APPEAL IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OUR T ON 1 2 - 02 - 201 6 SD/ - SD/ - (PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 12 /02 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT