M/s. STI Products India Limited, Bangalore V. Deputy Commissioner Of Income Tax, Circle- 1(3), Bangalore

ITA 322/BANG/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6836 (ITAT-BANGALORE)
• Duration Of Justice: 10 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 27-01-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 09-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S HR PRADEEP KUMAR
• Assessee Lawyers: SHAILENDRA SINGH SOLANKI
• Keywords: Principle of natural justice

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES C BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOU NTANT MEMBER AND S MT. BEENA PILLAI, JUDICIAL MEMBER ITA NO. 322 /BANG/2020 (ASSESSMENT YEAR : 20 0 8 - 09 ) M/S. STI PRODUCTS INDIA LIMITED, S UITE B, LAKEVIEW FARM RAMAGONDANAHALLI, VARTHUR MAIN ROAD, BANGALORE. .APPELLANT . PAN AAECS 1956N VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(3) , BANGALORE. RESPONDENT. ASSESSEE BY: SHRI S HAILENDRA SINGH SOLANKI, C.A. REVENUE BY: S HR PRADEEP KUMAR, CIT (D.R) DATE OF HEARING : 28 .01.2021 . DATE OF PRONOUNCEMENT : 28 .01 .20 2 1 . O R D E R PER SHRI CHANDRA POOJARI , A M : TH IS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 11 , BANGALORE DT.31.01.2019 FOR THE ASSESSMENT YEAR IS 20 08 - 09 . 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS : - 1. THA T THE LEARNED CIT (APPEALS) ERRED IN PASSING AN EXPARTE ORDER INSPITE OF THE FACT THA T THE COUNSEL OF THE APPELLANT ATTENDED VARIOUS HEARINGS AND SUBMITTED DETAILED SUBMISSIONS BEFORE LEARNED CIT (APPEALS). THE ORDER SO PASSED WITHOUT CONSIDERING THE SUBM ISSIONS OF 2 ITA NO. 322 /BANG/20 20 THE APPELLANT IS AGAINST PRINCIPLE OF NATURAL JUSTICE. THE SAME, THEREFORE REQUIRE TO BE QUASHED. 2. WITHOUT PREJUDICE TO THE ABOVE, THAT THE LEARNED CIT (APPEALS) ERRED IN MAINTAINING ADDITION OF RS.10.94 CRORES MADE BY THE A.O. THAT ON TH E FACTS AND CIRCUMSTANCES OF THE CASE THE VALUE SO ADAPTED AT RS.10.94 CRORES BEING WRONG, THE SAME REQUIRE TO BE TAKEN AT RS.4.21 CRORES AS CORRECTLY DECLARED BY THE ASSESSEE. 3. THAT THE LEARNED CIT (APPEALS) ERRED IN MAINTAINING NON - ALLOWANCE OF SE T OFF OF LOSSES IS TO BE ALLOWED AS PER LAW. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LEARNED AUTHORISED REPRESENTATIVE THAT ON APPEAL THE CIT (APPEALS) HAS PASSED EX PARTE THE ORDER WITHOUT GIVING PROPER OPPORTUNITY OF HEARING TO THE A SSESSEE. THE LEARNED DEPARTMENTAL REPRESENTATIVE SUPPORTED THE ORDER OF CIT (APPEALS). 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. WE HAVE GONE THROUGH THE ORDER OF CIT (APPEALS). THE CIT (APPEALS) HAS PASSED EX PARTE ORDER WITHOUT PROVIDING AN OPPORTUNITY OF HEARING TO THE ASSESSEE. IN VIEW OF THIS, WE REMIT TO THE FILE OF CIT (APPEALS) FOR FRESH ADJUDICATION AFTER AFFORDING AN OPPORTUNITY TO THE ASSESSEE. SINCE WE HAVE REMITTED THE MATTER TO THE FILE OF CIT (APPEALS) FOR FRESH ADJUDICATION, WE ARE REFRAINED TO GO INTO THE OTHER GROUNDS OF APPEAL. IT IS ORDERED ACCORDINGLY. 5. IN THE RESULT, THE ASSESSEE'S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAG E. SD/ - SD/ - ( SMT BEENA PILLAI ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28 . 01.2021 . *REDDY GP 3 ITA NO. 322 /BANG/20 20 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CI T 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE