M/s Keti Construction (India) Ltd., Indore V. The Addl. CIT-5, Indore

ITA 328/IND/2012

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5904 (ITAT-INDORE)
• Duration Of Justice: 4 year(s) 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 12-05-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 31-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV VARSHANEY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI O.P. MEENA, ACCOUNTANT MEMBER M/S.KETI CONSTRUCTION (I) LIMITED, (DEMERGED COMPANY M/S. KETI-T CONSTRUCTION(INDIA) LIMITED), VIDHYA DEEP, 15/3, MANORMAGANJ, INDORE. PAN: AABCK5930D VS. ADDL. COMMISSIONER OF INCOME-TAX-5, INDORE. APPELLANT RESPONDENT APPELLANT BY SHRI AJAY TULSIYAN, C. A. RESPONDENT BY SHRI RAJEEV VARSHANEY, CIT DR DATE OF HEARING 04.08.2016 DATE OF PRONOUNCEMENT 04.08.2016 O R D E R PER O.P. MEENA, ACCOUTANT MEMEBR. THESE APPEALS ARE FILED BY THE ASSESSEE AGAINST THE ORDERS OF LD. COMMISSIONER OF INCOME-TAX (APPEALS)-II, IND ORE [HEREINAFTER REFERRED TO AS THE CIT(A)] BOTH DATED 29.02.2012 AND PERTAINS TO ASSESSMENT YEAR 2007-08 AND 2008-09 AS AGAINST APPEALS DECIDED IN ASSESSMENT ORDERS DATED I.T.A. NOS.327 & 328 /IND/2012 A.YS : 2007-08 AND 2008-09 M/S. KETI CONSTRUCTION (I)LTD.,I.T.A.NOS. 327 & 328/IND/ 2012 A.Y. 2007-08 & 2008-09 PAGE 2 OF 3 2 30.12.2009 AND 28.12.2010 OF ADDL. CIT, RANGE 5, IN DORE [HEREINAFTER REFERRED TO AS THE AO]. 2. THE ASSESSMENTS WERE COMPLETED U/S 143(3). THE AO HAS MADE VARIOUS ADDITIONS AND TOTAL ADDITION WAS MA DE AT RS. 5,00,65,120/- FOR THE ASSESSMENT YEAR 2007-08 A ND RS. 11,81,49,678/- FOR THE ASSESSMENT YEAR 2008-09. THE ASSESSEE PREFERRED APPEALS BEFORE THE LD. CIT(A). I N THE MEANWHILE, THE SEARCH OPERATION WAS CONDUCTED IN THE BUSINESS PREMISES OF KETI GROUP OF COMPANIES AND TH E ASSESSEE IS ONE OF THEM. THE IMPORTANT DOCUMENTS IN CLUDING BOOKS OF ACCOUNT WERE SEIZED BY THE DEPARTMENT. THE ASSESSEE HAS REQUESTED THE LD. CIT(A) TO KEEP THE APPEAL IN ABEYANCE. THE LD. CIT(A) DID NOT KEEP THE APPEAL IN ABEYANCE AND DECIDED THE APPEAL IN ABSENCE OF THE ASSESSEE. THEREFORE, T HE ASSESSEE REQUESTED FOR RESTORATION OF THESE APPEALS BEFORE T HE LD. CIT (CENTRAL) AND THE MATTER MAY BE RESTORED TO THE LD. CIT(A). 3. THE LD. CIT DR HAS NO OBJECTION TO RESTORATION O F THESE APPEALS. 4. HAVING HEARD BOTH THE PARTIES, LOOKING TO THE FA CTS AND CIRCUMSTANCES OF THE CASE, WE FIND THAT THE LD. CIT (A) HAS M/S. KETI CONSTRUCTION (I)LTD.,I.T.A.NOS. 327 & 328/IND/ 2012 A.Y. 2007-08 & 2008-09 PAGE 3 OF 3 3 DECIDED THE MATTER EX PARTE. NOW BOTH THE APPEALS AR E PENDING OF THE SAME ASSESSEE. THEREFORE, THESE APPEALS ARE RESTORED TO THE FILE OF CIT(A) TO DECIDE THE MATTER ON MERIT AF TER HEARING THE ASSESSEE. THE ASSESSEE IS DIRECTED TO REMAIN PRESE NT AND IF THE ASSESSEE WANTS TO CLUB THIS MATTER WITH CIT(A)-I, THE NECESSARY APPLICATION MAY BE MADE ACCORDINGLY. THE ASSESSEE IS AT LIBERTY TO MOVE NECESSARY APPLICATION BEFORE THE CONCERNED AUTHORITIES. 5. IN THE RESULT, THE APPEALS ARE ALLOWED FOR STATI STICAL PURPOSES. THE ORDER HAS BEEN PRONOUNCED IN OPEN COURT ON THE 4 TH AUGUST, 2016. SD/- (D.T.GARASIA) JUDICIAL MEMBER SD/- (O.P.MEENA) ACCOUNTANT MEMBER DATED : 4 TH AUGUST, 2016. CPU*