Shri Rakesh Agarwal, Nagaon V. Income Tax Officer, Ward-2, Nagaon

ITA 356/GTY/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8492 (ITAT-GUWAHATI)
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 02-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

] \ ' \ ' , ' , IN THEINCOMETAXAPPELLATE TRIBUNAL GUWAHATI BENCH, GUWAHATI BEFORE SHRIS.S.GODARA,JUDICIALMEMBER AND DR. A.L. SAINI, ACCOUNTANTMEMBER ITA NO. 356 / GAU / 2018 ASSESSMENT YEAR :2015-16 RAKESH AGARWAL C/O SATYANARAYAN AGGARWAL, DACCAPATTY, NAGAON, ASSAM-782001 [ PAN NO.ACWPA 5690 C ] V/S . INCOME TAX OFFICER WARD-2, AAYAKAR BHAWAN,NAGAON \ ' /APPELLANT .. / RESPONDENT \ ' J /BYAPPELLANT SHRI RAHUL JAIN, FCA J /BYRESPONDENT SHRI M. HAOKIP,JCIT-DR ' _ /DATEOFHEARING 01-07-2019 /DATEOFPRONOUNCEMENT 03 -07-2019 / ORDE R PERBENCH:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2015-16 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-GUWAHATI-1S ORDER DATED 24.09.2018 PASSED IN CASE NO.381409331310118/114 INVOLVING PROCEEDINGS U/S 143(3) OF THEINCOMETAXACT, 1961;INSHORTTHE ACT. HEARDBOTHTHEPARTIES.CASEFILEPERUSED. 2. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE INSTANT LIS INVOLVES THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE CANVASSED IN HIS PLEADINGS THAT THE LEARNED LOWER AUTHORITIES HAVE WRONGLY MADE SEC.115JC(2) COMPUTATION REGARDING THE CASH PAYMENTS FOR PURCHASING SOIL FOR THE PURPOSE OF BRICK PRODUCTION IN THE KILN QUESTION. LEARNED COUNSELS SOLE ARGUMENT RAISED DURING THE COURSE OF HEARING IS THAT SUCH SOIL AND OTHER MATERIALS PURCHASED THROUGH ITA NO.356/GAU/2018 A.Y. 2015-16 RAKESH AGARWAL VS. ITO WD-22, NAGAON PAGE2 CASH DOES NOT COME WITHIN THE PURVIEW OF IMPUGNED DISALLOWANCE PROVISION. THE REVENUES CASE ON THE OTHER HAND IS THAT THE ASSESSEE HAS NOT RAISED SUCH A GROUND EITHER IN THE INSTANT APPEAL OR BEFORE THE CIT(A). THE ASSESSEE AT THIS STAGE QUOTES HONBLE APEX COURTS DECISION IN NTPC VS. CIT (1998) 229 ITR 383 (SC) SETTLING THE LAW THAT WE CAN VERY WELL ENTERTAIN SUCH A NEW QUESTION IN RESPECT OF APPELLATE PROCEEDING. BE THAT AS IT MAY, THE FACT REMAINS THAT THE ASSESSEE HAD NOT AGIGATED THE INSTANT LEGAL/TECHNICAL ISSUE IN THE LOWER APPELLATE PROCEEDINGS. WE THEREFORE REMIT THE INSTANT LIS BACK TO THE CIT(A) FOR AFRESH ADJUDICATION REGARDING APPLICABILITY OF SEC.40A(3) DISALLOWANCE QUA THE ASSESSEES CASH PURCHASES FOR THE PURPOSE OF HIS BRICK KILNPRODUCTIONASPER LAW. 3. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN FOREGOING TERMS. ORDERPRONOUNCEDIN THEOPENCOURT 03/07/2019 SD/- SD/- ( ' ) ( ' ) ( A.L.SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) GUWAHATI, *DKP ' ' - 03/07 /201 9 ' \ / COPY OF ORDER FORWARDED TO:- 1. \ ' /APPELLANT-RAKESHAGARWAL, C/OSATYYANARAYAN AGARWAL, DACAPATTY, NAGAON 2. /RESPONDENT-ITOWD-2, AAYAKAR BHAWAN, NAGAON,ASASM 3. - ' ] ] ' /CONCERNEDCIT GUWAHATI 4. ] ] - / CIT (A) GUWAHATI 5. ' ' ' , ] \ ' \ ' , ' ' / DR,ITAT,GUWAHATI 6. ' [ /GUARDFILE. BYORDER/ , /TRUECOPY/ SR. PRIVATE SECRETARY(ONTOUR) ] \ ' \ ' ,