Dinanath Barik, Koraput V. ITO, Jeypore

ITA 351/CTK/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77515 (ITAT-CUTTACK)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 12-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: D K SHETH M SHETH
• Section: 144

Judgement Text

1 , CUTTACK IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH , CUTTACK ( )BEFORE . . , , HONBLE SHRI P.K.BANSAL, ACCOUNTANT MEMBER. /AND . . , HONBLE SHRI D.T.GARASIA, JUDICIAL MEMBER / I.T.A.NO.351 /CTC/ /2013 ! ' / ASSESSMENT YEAR: 2009-2010 DINANATH BARIK, KORAPUT PA NOALDPB 6969 K - - - VERSUS- ITO, WARD 2, JEYPORE ( $% /APPELLANT ) ( &'$% /RESPONDENT) $% ) / FOR THE APPELLANT: /SHRI D.K.SHETH/ M. SHETH &'$% ) /FOR THE RESPONDENT: /SHRI N.K.NEB * + , / DATE OF HEARING: 23.4.2014 -.' , / DATE OF PRONOUNCEMENT: 23.4.2014 / / ORDER PER BENCH THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER DATED 8.2.2013 OF LD CIT(A), BERHAMPUR FOR THE ASSESSMENT YEAR 2009-2010 ON THE FOLLOWING GROUNDS: 1. FOR THAT UNDER THE FACTS AND CIRCUMSTANCES OF T HE CASE, THE ASSESSMENT AS MADE U/S.144 IS UNJUSTIFIED AND BAD IN LAW IN VIEW OF THE FACT THAT THE APPELLANT DULY COMPLIED BEFORE THE LD AO AND COOPERATED FOR C OMPLETION OF THE ASSESSMENT. 2. FOR THAT THE ADDITION OF RS.33,66,450/- AS MADE UNDER HEAD BOGUS CREDITORS/UNEXPLAINED SUNDRY CREDITORS IS UNWARRAN TED AND UNJUSTIFIED. 2 2. THE SHORT FACTS OF THE CASE ARE THAT THE ASSESSE E DERIVES INCOME FROM MANUFACTURING OF FABRICATION UNIT. HE HAS FILED THE RETURN OF INCOM E ON 30.9.2009 DISCLOSING TOTAL INCOME OF RS.2,51,470/-. SINCE, ASSESSEE DID NOT COMPLY WITH THE VARIOUS NOTICES ISSUED BY THE AO, ASSESSMENT WAS COMPLETED UNDER SECTION 144 OF THE A CT, INTER ALIA, DISALLOWING AN AMOUNT OF RS.33,66,450/- TREATING THE SAME AS UNEXPLAINED SUN DRY CREDITORS. IN THE FIRST APPEAL, THE ASSESSEE ALSO DID NOT CO-OPERATE, THEREFORE, THE AP PEAL WAS DISMISSED. HENCE, THIS APPEAL BY THE ASSESSEE. 3. AT THE TIME OF HEARING BEFORE US, LD A.R. SUBMIT TED THAT NOW THE ASSESSEE COULD NOT PRODUCE THE REQUIRED DETAILS BEFORE THE LOWER AUTHO RITIES. LD A.R. REQUESTED THAT IF THE MATTER IS RESTORED BACK TO THE FILE OF THE AO, THE ASSESSE E WILL FURNISH ALL THE DETAILS, AS REQUIRED FOR BY THE AO. THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, URGED TO RESTORE THE MATTER BACK TO THE FILE OF THE AO. IN VIEW OF THIS, IN THE INTERE ST OF JUSTICE, WE REVERSE THE ORDER OF THE CIT(A) AND RESTORE THE MATTER BACK TO THE FILE OF THE AO. THE ASSESSEE IS DIRECTED TO FURNISH ALL THE DETAILS AS REQUIRED BY THE DEPARTMENT. WE ALSO DIR ECT THAT IN CASE THE ASSESSEE FAILS TO COMPLY WITH THE REQUIREMENTS OF THE DEPARTMENT, THE AO IS AT LIBERTY TO PASS ORDER AS PER LAW. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE OPEN COURT ON 23.4.2014 ) SD/ - SD/ - ( . . ) , (P.K.BANSAL), ACCOUNTANT MEMBER ( . . ), (D.T.GARASIA(JUDICIAL MEMBER ( , )DATE 23 .4 .2014 (B.K.PARIDA) SENIOR.PRIVATE SECRETARY. 3 / &, 1',2 - COPY OF THE ORDER FORWARDED TO: 1 . $% / THE APPELLANT : SHRI DINANATH BARIK, PROP. KALIN GA STEEL WORKS, AT/PO: GUNDICHA MANDIR CHOWK, KORAPUT. 2 &'$% / THE RESPONDENT:ITO WARD-2, JEYPORE 3 . / /THE CIT, BHUBANESWAR 4 . / ( )/THE CIT(A), BERHAMPUR 5 . 3 &, /DR, CUTTACK BENCH 6 . GUARD FILE . ' , &, /TRUE COPY, / * / BY ORDER, ASST.REGISTRAR, ITAT, CUTTA CK 4 1. DATE OF DICTATION 23.4.2014. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER 23.4.2014OTHER MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT.... 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S . 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER .............. .. 9. DATE OF DISPATCH OF THE ORDER ..