Dy.Commissioner of Income Tax-6, Kanpur V. M/s United Provinces Tannery Company Pvt. Ltd., Kanpur

ITA 333/LKW/2014

• Counselvise Citation: 33323714 RSA 2014
• Duration Of Justice: 1 year(s) 2 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 10-06-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 01-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.333/LKW/2014 ASSESSMENT YEAR:2006 - 07 M/S UNITED PROVINCES TANNERY COMPANY LTD., ASHARFABAD, JAJMAU, KANPUR. PAN:AAACU1733F VS DY.C.I.T. - 6, KANPUR. (RESPONDENT) (APPELLANT) SHRI R. K. RAM, D. R. APPELLANT BY NONE RESPONDENT BY 10/06/2015 DATE OF HEARING 15 /07/2015 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT(A) - I, KANPUR DATED 01/01/2014 FOR THE ASSESSMENT YEAR 2006 - 2007. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: 1. THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN ALLOWING THE RELIEF OF DISALLOWANCE OF RS.88,84,465/ - WITHOUT APPRECIATING THE FACT THAT THE SUNDRY CREDITORS WERE NOT VERIFIABLE DURING THE COURSE OF ASSESSMENT PROCEEDINGS. 2. THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN ALLOWING THE RELIEF OF DISALLOWANCE OF RS.88,84 ,465/ - U/S 41(1) WITHOUT APPRECIATING THE FACTS AND MATERIAL BROUGHT ON RECORD BY AO DURING THE COURSE OF ASSESSMENT PROCEEDINGS U/S 143(3). 3. THE ORDER OF THE CIT (A), KANPUR BEING ERRONEOUS, UNJUST AND BAD IN LAW BE VACATED AND THE ORDER OF THE AO BE RE STORED. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE ON THE APPOINTED DATE OF HEARING IN SPITE OF NOTICE AND HENCE, WE PROCEED TO DECIDE THIS APPEAL OF THE R EVENUE EX - PARTE QUA THE ASSESSEE. 2 4. LEARNED D.R. OF THE REVENUE SUPPORTED THE ASSESSMENT ORDER. HE ALSO PLACED RELIANCE ON A JUDGMENT OF HON'BLE PUNJAB & HARYANA HIGH COURT RENDERED IN THE CASE OF MRS. ADARSH SOOD VS. CIT [2014] 225 TAXMAN 67 (P&H). 5. WE HAVE CONSIDERED THE SUBMISSIONS OF LEARNED D.R. OF THE REVENUE, PERUSED THE MATERIAL AVAILABLE ON RECORD , GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND THE JUDGMENT CITED BY LEARNED D.R. OF THE REVENUE . IN THIS CASE, HON'BLE PUNJAB & HARYANA HAS DECIDED THE ISSUE IN FAVOUR OF THE REVENUE AND AGAINST THE ASSESSEE BY FOLLOWING THE JUDGMENT OF H ON'BLE APEX COURT RENDERED IN THE CASE OF CIT VS. T. V. SUNDARAM IYENGAR AND SONS LTD. [1996] 222 ITR 344 (SC) . LEARNED CIT(A) HAS NOT CONSIDERED THIS JUDGMENT OF HON'BLE APEX COURT RENDERED IN THE CASE OF T. V. SUNDARAM IYENGAR AND SONS LTD. (SUPRA) AND THEREFORE, IN OUR CONSIDERED OPINION, HIS ORDER IS NOT SUSTAINABLE. THEREFORE, BY RESPECTFULLY FOLLOWING THE JUDGMENT OF HON'BLE PUNJAB & HARYANA CITED BY LEARNED DR AND IN TURN FOLLOWING THE JUDGMENT OF HON'BLE SUPREME COURT IN THE CASE OF T. V. SUNDARAM IYENGAR AND SONS LTD. (SUPRA) , WE REVERSE THE ORDER OF LEARNED CIT(A) AND RESTORE THAT OF THE ASSESSING OFFICE R. 6. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS ALLOWED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15 /0 7 /2015 *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR