Jhansi Development Authority, Jhansi V. Dy. C.I.T., Range-6, Jhansi

ITA 355/AGR/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60101 (ITAT-AGRA)
• Duration Of Justice: 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-04-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 17-04-2012
• Assessment Year: 2009-2010
• Appeal Filed On: 12-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SOHAIL AKHTAR
• Assessee Lawyers: R K AGARWAL
• Keywords: Corroborative evidences
• Section: 10B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO. 355/AGRA/2011 ASSTT. YEAR : 2009-10 JHANSI DEVELOPMENT AUTHORITY, VS. D.C.I.T., RANG E-6, OPP. COMMISSIONERY CAMPUS, JHANSI. JHANSI (PAN :AAALJ 0068K) (APPELLANT) (RESPONDENT) APPELLANT BY : S/SRI R.K. AGARWAL & RAHUL AGARWAL, ADV. RESPONDENT BY : SHRI SOHAIL AKHTAR, JR. D.R. DATE OF HEARING : 17.04.2012 DATE OF PRONOUNCEMENT OF ORDER : 17.04.2012 ORDER PER BHAVNESH SAINI, J.M.: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-II, AGRA DATED 19.07.2011 FOR THE ASSESSMENT YEAR 2009- 10 ON THE FOLLOWING GROUNDS : 1. BECAUSE ON THE FACTS AND CIRCUMSTANCES OF THE C ASE, THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-II, AGRA GROSS LY ERRED IN UPHOLDING THE ORDER PASSED BY THE ASSESSING OFFICER . THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-II, AGRA FAILE D TO APPRECIATE THAT THE ENTIRE INCOME WAS CLAIMED EXEMPT IN THE BO DY OF THE RETURN AND THE EXEMPTION WAS SUPPORTED BY REPORT U/S. 10B AS WELL AS OTHER SUPPORTING EVIDENCES. THE ASSESSING OFFICER WAS LEG ALLY BOUND TO LOOK INTO THE RETURN AND TO CURE ARITHMETICAL ERROR IN T HE RETURN. 2. BECAUSE ON THE FACTS AND CIRCUMSTANCES OF THE C ASE, THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-II, AGRA BEING COTERMINUS WITH THAT OF THE ASSESSING OFFICER. THE LD. COMMISS IONER OF INCOME TAX (APPEALS)-II, AGRA WAS LEGALLY BOUND TO CURE TH E ARITHMETICAL ITA NO. 355/AGRA/2011 2 ERROR IN THE RETURN HIMSELF WHICH THE ASSESSING OFF ICER HAD FAILED TO DO SO. 2. IN THIS CASE, THE ASSESSEE PREFERRED APPEAL AGAI NST THE ORDER PASSED BY THE AO PROCESSING THE RETURN OF THE ASSESSEE U/S. 143(1) O N DATED 20.08.2010 BEFORE THE LD. CIT(A). THE ASSESSEE CLAIMED THAT THE AO WAS UNJUST IFIED IN PROCESSING THE RETURN WITHOUT ALLOWING BENEFIT OF RS.3,41,73,650/- AND FA ILED TO CONSIDER AUDIT REPORT IN FORM NO. 10B. IT IS STATED THAT INCOME WAS INADVERT ENTLY SHOWN IN THE COLUMN NO. 26 OF THE COMPUTATION OF INCOME DUE TO OMISSION IN COLUMN NO. 24. IT WAS A DEFECT IN THE RETURN WHICH SHOULD HAVE BEEN CURED. IT WAS FURTHER CLAIMED THAT THE ASSESSEES INCOME IS EXEMPT AND ASSESSEE ALSO FILED APPLICATION U/S. 154 FOR RECTIFICATION OF THE MISTAKE. THE LD. CIT(A), HOWEV ER, DID NOT ACCEPT THE CONTENTION OF THE ASSESSEE BECAUSE THE RETURN OF INCOME WAS PR OCESSED BY THE AO U/S. 143(1) WITHOUT MAKING ANY ADJUSTMENT. THEREFORE, THE APPEA L OF THE ASSESSEE WAS DISMISSED. 3. THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE ASSESSEE HAS PREFERRED THE APPEAL U/S. 154 OF THE IT ACT BEFORE THE LD. CIT(A) AND, THEREFORE, THE PRESENT APPEAL MAY BE DISMISSED AS WITHDRAWN. ITA NO. 355/AGRA/2011 3 4. ON CONSIDERATION OF THE ABOVE FACTS, WE ARE OF T HE VIEW THAT THE APPEAL OF THE ASSESSEE IS NOT MAINTAINABLE. IT APPEARS THAT THERE WAS SOME MISTAKE MADE IN THE RETURN OF INCOME BECAUSE THE INCOME EXEMPT WAS NOT MENTIONED IN APPROPRIATE COLUMN OF THE RETURN. THE LD. CIT(A), THEREFORE, RI GHTLY NOTED THAT THE RETURN IS PROCESSED WITHOUT MAKING ANY ADJUSTMENT. THEREFORE, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL BECAUSE THE ASSESSEE HAS ALREAD Y AGITATED THE MATTER BEFORE THE LD. CIT(A) AGAINST THE ORDER PASSED U/S. 154 OF THE IT ACT. THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE TO PURSUE THEIR OTHER REMEDIES, IF SO ADVISED, IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. THE ORDER PRONOUNCED IN THE OPEN COURT ON 17.04.20 12. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE SR. PRIVATE SECRETARY TRUE COPY