I.T.O.-6(1), Jhansi V. Jhansi Development Autharity, Jhansi

ITA 347/AGR/2013

• Counselvise Citation: 34720314 RSA 2013
• Duration Of Justice: 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 28-01-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 21-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: WASEEM ARSHAD
• Assessee Lawyers: R K AGARWAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NO.347/AGRA/ 2013 ASSESSMENT YEAR: 2005-06 INCOME TAX OFFICER-6(1), VS. JHANSI DEVELOPMENT AUTHORITY, JHANSI. VIKAS BHAVAN, JHANSI. (PAN ABUPS 8611 G) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI WASEEM ARSHAD, SR. D.R. RESPONDENT BY : SHRI R.K. AGARWAL, ADVOCATE DATE OF HEARING : 28.01.2014 DATE OF PRONOUNCEMENT : 31.01.2014 ORDER PER PRAMOD KUMAR, ACCOUNTANT MEMBER: BY WAY OF THIS APPEAL, THE REVENUE HAS CHALLENGED C ORRECTNESS OF LEARNED CIT(A)S ORDER DATED 30.08.2013, IN THE MATTER OF A SSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEA R 2005-06. GRIEVANCES RAISED BY THE REVENUE ARE AS FOLLOWS :- 2. GRIEVANCE RAISED BY THE ASSESSING OFFICER IS AS FOLLOWS :- 1. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEAL S) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS. 35,93,355/- AGAINST THE TOTAL TAXABLE PROFIT ON PROJECT DEVELOPMENT AT RS.42,62,946/- IGNORING THE FACT THAT THE ASSESSEE HAD CONTINUED T O FOLLOW THE MERCANTILE SYSTEM OF ACCOUNTING AS IN PRECEDING YEA RS AND THE ASSESSEE ITSELF HAD DECLARED 10% PROFIT ON THE AMOU NT OF WORK SALES AND REGISTRATION MONEY RECEIVED WHILE WORKING INCOM E/LOSS FOR A.Y. 2003-04. ITA NO.347/AGRA/2013 A.Y. 2005-06 2 2. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS ) BEING ERRONEOUS IN LAW AND ON FACTS DESERVE TO BE QUASHED AND THAT OF THE ASSESSING OFFICER DESERVES TO BE RESTORED. 3. THAT THE APPELLANT CRAVES LEAVE TO ADD OR ALTER ANY OR MORE GROUND OR GROUNDS OF APPEAL AS MAY BE DEEMED FIT AT THE TIME OF HEARING OF APPEAL. 3. WHEN THIS MATTER WAS CALLED OUT FOR HEARING, LD. REPRESENTATIVES FAIRLY AGREED THAT THIS APPEAL IS COVERED BY THE DECISION DATED 23.08.2013 OF THIS BENCH IN ASSESSEES OWN CASE IN ITA NO.232/AGRA/2013 & 238/A GRA/2013 FOR A.Y. 2004-05 WHEREBY THE MATTER WAS REMITTED TO THE FILE OF A.O. FOR ADJUDICATION AFRESH. WE THEREFORE SEE NO REASONS TO TAKE ANY OTHER VIEW IN THE MATTER THAN THE VIEW SO TAKEN BY THIS BENCH IN ASSESSEES OWN CASE. 4. IN VIEW OF THE ABOVE DISCUSSION, THE MATTER IS R ESTORED TO THE FILE OF A.O. FOR ADJUDICATION OF THE ISSUE AFRESH BY WAY OF SPEAKING ORDER IN ACCORDANCE WITH LAW AFTER AFFORDING REASONABLE OPPORTUNITY OF BEING HEA RD TO THE ASSESSEE. 5. IN THE RESULT, APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN THE TERMS INDICATED ABOVE. (ORDER PRONOUNCED IN THE OPEN COURT ON 31.01.2014) SD/- SD/- (BHAVNESH SAINI) (PRAMOD KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 31.01.2014 PBN/* ITA NO.347/AGRA/2013 A.Y. 2005-06 3 COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, AGRA TRUE COPY