Khusida Bibi, Talcher V. ITO, Ward-2, Dhenkanal

ITA 364/CTK/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 7214 (ITAT-CUTTACK)
• Duration Of Justice: 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 24-01-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 13-10-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: D K PRADHAN
• Assessee Lawyers: D K SHETH
• Keywords: Unexplained investment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK SMC BENCH, CUTTACK BEFORE SHRI N.S SAINI, ACCOUNTANT MEMBER ITA NO S.364,365 & 366 /CTK/2016 ASSESSMENT YEAR S : 2009 - 10, 2010 - 11 & 2011 - 12 KHUSIDA BIBI, GHANTAPADA, NEW FISH GODOWN, NEAR RAILWAY STATION, TALCHER. VS. ITO, WARD - 2, AMRAKUNJA, DHENKANAL. PAN/GIR NO. AGNPB 8072 A (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI D.K.SHETH, AR REVENUE BY : SHRI D.K.PRADHAN, DR DATE OF HEARING : 24 /01/ 2017 DATE OF PRONOUNCEMENT : 24 /01/ 2017 O R D E R THESE ARE THE APPEAL S F ILED BY THE ASSESSEE AGAINST SEPARATE ORDER S OF CIT(A) - 2, BHUBANESWAR , ALL DATED 14.7.2016 , FOR THE ASSESSMENT YEAR S 2009 - 10, 2010 - 11 & 2011 - 12, RESPECTIVELY . ITA NO.364/CTK/2016 FOR A.Y. 2009 - 10 : 2. IN GROUND NO.1 OF THE APPEAL, THE GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) ERRED IN DETERMINING THE NET PROFIT AT 2% ON THE TURNOVER, WHICH IS UNJUSTIFIED AND OTHERWISE HIGHLY EXCESSIVE . 2 ITA NOS.364,365 & 366/CTK/2016 ASSESSMENT YEARS :2009 - 10, 2010 - 11 & 2011 - 12 3. AT THE TIME OF HEARING, LD A.R. OF THE ASSESSEE SUBMITTED THA T HE IS NOT PRESSING THIS GROUND OF APPEAL AND ALSO MADE AN ENDORSEMENT TO THIS EFFECT TO THE GROUNDS OF APPEAL APPENDED TO FORM NO.36 OF THE APPEAL MEMO FILED BEFORE THE TRIBUNAL. HENCE, SAME IS DISMISSED AS NOT PRESSED. 4. IN GROUND NO.2 OF THE APPEAL, THE GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) ERRED IN CONFIRMING THE ORDER OF THE ASSESSING OFFICER IN MAKING ADDITION OF RS.3,88,600/ - AS UNEXPLAINED INVESTMENT. 5. LD A.R. OF THE ASSESSEE POINTED OUT FROM THE GROUNDS OF APPEAL APPENDED TO FORM NO.35 IN THE APPEAL MEMO FILED BEFORE THE CIT(A) THAT GROUND NO.4 RAISED BEFORE THE CIT(A) READS AS UNDER: 4. FOR THAT THE ADDITION OF RS.3,88,600/ - AS MADE UNDER HEAD UNEXPLAINED INVESTMENT IS ALSO ARBITRARY AND UNJUSTIFIED. 6. LD A.R. SUBMITTED THAT THE CIT(A) HAS NOT ADJUDICATED THIS GROUND OF APPEAL OF THE ASSESSEE. LD D.R. ALSO AGREED WITH THE ABOVE SUBMISSION OF LD A.R. OF THE ASSESSEE. 7. IN VIEW OF ABOVE SUBMISSION OF LD A.R. OF THE ASSESSEE, I RESTORE THIS ISSUE BACK TO THE FILE OF THE CIT(A) FOR ADJUDICATING THE ABOVE GROUND OF APPEAL OF THE ASSESSEE AFTER ALLOWING REASONABLE AND PROPER OPPORTUNITY OF HEARING TO THE ASSESSEE. 3 ITA NOS.364,365 & 366/CTK/2016 ASSESSMENT YEARS :2009 - 10, 2010 - 11 & 2011 - 12 ITA NOS.465 & 466/CTK/2016 FOR A.YS. 2010 - 11 & 2011 - 12 : 8 . THE SOLE GROUND OF APPEAL RAISED BY THE ASSESSEE IN BOTH THE YEARS IS THAT THE CIT(A) IS NOT JUSTIFIED IN CONFIRMING THE NET PROFIT AS DETERMINED AT 2% ON THE TURNOVER. 9 . AT THE TIME OF HEARING, LD A.R. OF THE ASSESSEE SUBMITTED THAT HE IS NOT PRESSING THIS GROUND OF APPEAL FOR BOTH THE ASSESSMENT YEARS AND ALSO MADE AN ENDORSEMENT TO THIS EFFECT TO THE GROUNDS OF APPEAL APPENDED TO FORM NO.36 OF THE APPEAL MEMO FILED BEFORE THE TRIBUNAL. HENCE, THIS GRO UND IS DISMISSED AS NOT PRESSED FOR ASSESSMENT YEARS 2010 - 11 & 2011 - 12. 10 . IN THE RESULT, APPEAL FOR THE ASSESSMENT YEAR 2009 - 10 IS PARTLY ALLOWED FOR STATISTICAL PURPOSES AND THE APPEALS FOR ASSESSMENT YEARS 2010 - 11 & 2011 - 12, ARE DISMISSED. ORDER PRONOUNCE D IN THE OPEN COURT ON 24 / 01/2017 IN THE PRESENCE OF PARTIES. SD/ - ( N.S SAINI) A CCOUNTANT MEMBER CUTTACK; DATED 24 /01 /2017 B.K.PARIDA, SPS 4 ITA NOS.364,365 & 366/CTK/2016 ASSESSMENT YEARS :2009 - 10, 2010 - 11 & 2011 - 12 COPY OF THE ORDER FORWARDED TO : BY ORDER, ASST.REGISTRAR, ITAT, CUTTACK 1. THE APPELLANT : KHUSIDA BIBI, GHANTAPADA, NEW FISH GODOWN, NEAR RAILWAY STATION, TALCHER. 2. THE RESPONDENT. ITO, WARD - 2, AMRAKUNJA, DHENKANAL. 3. THE CIT(A) CUTTACK 4. PR. CIT , CUTTACK 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//