The ACIT, B.K. Circle, Palanpur V. M/s. Banpal Oil Chem Pvt. Ltd., Palanpur

ITA 3581/AHD/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8599 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2006-2007
• Appeal Filed On: 21-12-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: DHARMENDRA SINGH PARMAR
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD BEFORE, SHRI N. K. BILLAIYA , ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER ITA NOS. 3581 & 3582/AHD/2015 (ASSESSMENT YEA RS: 2006-07 & 2007-08) ACIT, PALANPUR, 2 ND FLOOR, SHREE HARI COMPLEX, ABU HIGHWAY, PALANPUR (B.K.) 385001 APPELLANT VS. M/S. BANPAL OILCHEM PVT. LTD., 5, GITANJALI COMPLEX, PALACE ROAD, PALANPUR, BANASKANTHA, PINCODE-385001 RESPONDENT PAN: AAACB8589Q / BY REVENUE : SHRI MUDIT NAGPAL, SR. D.R. / BY ASSESSEE : SHRI DHARMENDRA SINGH PARMAR, A.R. /DATE OF HEARING : 03.04.2018 /DATE OF PRONOUNCEMENT : 09.04.2018 ORDER PER S. S. GODARA, JUDICIAL MEMBER THESE TWO REVENUES APPEALS FOR ASSESSMENT YEARS 20 06-07 AND 2007- 08; ARISE FROM THE CIT(A)-XV, AHMEDABADS ORDER DA TED 29.07.2009, IN CASE NOS. CIT(A)-XV/ACIT.B.K.CIR./PLN/188/08-09 & C IT(A)-4, ITA NOS. 3581 & 3582/AHD/2015 [ACIT VS. BANPAL OILC HEM PVT. LTD.] A.YS. 2006-07 & 2007-08 - 2 - AHMEDABADS ORDER DATED 05.10.2015, IN CASE NO. CIT(A)4/224/ACIT/B.K./PALANPUR/14-15, IN PROCEEDING S U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT AND U/S.14 7 R.W.S. 143(3) OF THE ACT; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILES PERUSED. 2. WE NOTICE AT THE OUTSET THAT THE REVENUES IDENT ICAL GRIEVANCE IN THESE TWO APPEALS PLEADS THAT THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN QUASHING THE IMPUGNED RE-ASSESSMENT(S) FRAMED U/S. 147 R.W.S . 143(3) OF THE ACT ON ACCOUNT OF THE FACT THAT THE ASSESSING OFFICER HAD DISPOSED OF ASSESSEES OBJECTION PETITIONS IN THE ASSESSMENT ORDERS ITSELF DATED 31.03.2014 IN BOTH CASES. LEARNED DEPARTMENTAL REPRESENTATIVE QUOTES HONBLE JURISDICTIONAL HIGH COURTS JUDGMENT IN SPECIAL CIVIL APPLICATION NO. 7814 OF 2015 DATED 07.05.2015 IN BANASKANTHA DISTRICT CO-OP. MILK PROD UCERS UNION LTD. VS. ACIT RESTORING THE VERY ISSUE BACK TO THE ASSESSING OFFICER ALONGWITH DIRECTIONS FOR DISPOSING OF THE CONCERNED ASSESSEE S OBJECTIONS IN TUNE WITH HONBLE APEX COURTS JUDGMENT IN G.K.N. DRIVESHAFTS (INDIA) LTD. VS. ITO & ORS. (2003) 259 ITR 19 (SC). MR. PARMAR ON THE OTH ER HAND CITES HONBLE JURISDICTIONAL HIGH COURTS ANOTHER DECISION IN PCI T VS. SAGAR DEVELOPERS (2016) 72 TAXMANN.COM 321 (GUJ) RESTORING A SIMILAR CASE BACK TO THE ASSESSING OFFICER WHEREIN THIS TRIBUNAL HAD QUASHED THE RELEVANT RE- ASSESSMENTS FRAMED BEFORE DECIDING OBJECTIONS TO VA LIDITY OF THE REOPENING ISSUE THEREIN. LEARNED COUNSELS CASE THEREFORE IS THAT THE ISSUE NOW NEEDS TO BE REMITTED BACK TO THE ASSESSING OFFICER IN BOT H CASES FOR AFRESH ADJUDICATION. IT IS THEREFORE CLEAR THAT BOTH PART IES ARE AD IDEM THAT WE HAVE TO SEND BOTH THESE CASES BACK TO THE ASSESSING OFFI CER FOR CONSEQUENTIAL ADJUDICATION OF ASSESSEES OBJECTIONS TO REOPENING IN BOTH THE IMPUGNED ASSESSMENT YEARS. WE ACT ACCORDINGLY AND DIRECT TH E ASSESSING OFFICER TO DECIDE ASSESSEES OBJECTIONS AS PER LAW AFTER AFFOR DING ADEQUATE OPPORTUNITY ITA NOS. 3581 & 3582/AHD/2015 [ACIT VS. BANPAL OILC HEM PVT. LTD.] A.YS. 2006-07 & 2007-08 - 3 - OF HEARING. REVENUES SOLE SUBSTANTIVE GRIEVANCE I N TWO INSTANT APPEALS IS ACCEPTED FOR STATISTICAL PURPOSES. 3. THESE TWO REVENUES APPEALS ARE ALLOWED FOR STAT ISTICAL PURPOSES. [PRONOUNCED IN THE OPEN COURT ON THIS THE 09 TH DAY OF APRIL, 2018.] SD/- SD/- (N. K. BILLAIYA) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER AHMEDABAD: DATED 09/04/2018 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ()*+ ,--. ./0 / DR, ITAT, AHMEDABAD 1+23 / GUARD FILE. BY ORDER / . // ./0