M/s. Shree Ganesh Rice Mill, Khurda V. ITO, Khurda Ward, Khurda

ITA 383/CTK/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6269 (ITAT-CUTTACK)
• Duration Of Justice: 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 15-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Corroborative evidences; Set aside

Judgement Text

P A G E 1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE SHRI CHANDRA MOHAN GARG , JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO . 383 /CTK/201 8 S.P. NO.34/CTK/2018 ASSESSMENT YEAR : 201 2 - 1 3 SHREE GANESH RICE MILLS, RAMABILLI, PO: JANKIA, KHURDA, ORISSA. VS. ITO, KHURDA WARD, KHURDA PAN/GIR NO. ABOFS 5453 L (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI SUBHENDU DUTTA, DR DATE OF HEARING : 1 4 / 0 6 / 201 9 DATE OF PRONOUNCEMENT : 14 / 0 6 / 201 9 O R D E R PER LAXMI PRASAD SAHU, AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) - 1, BHUBANESWAR DATED 2.7.2018 FOR THE ASSESSMENT YEAR 2012 - 13. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE CASE WAS CALLED FOR HEARING. HENCE, WE PROCEED TO DISPOSE OF THE APPEAL OF THE ASSESSEE AFTER HEARING LD D.R. ITA NO57/CTK/2018 ASSESSMENT YEAR : 2011 - 12 P A G E 2 | 3 3. ON PERUSAL OF THE ORDER OF THE CIT(A), WE FIND THAT THE CIT(A) HAS DISMISSED THE APPEAL OF TH E ASSESSEE MAINLY ON TWO GROUNDS I.E. THE APPEAL WAS FILED DELAY BY 32 DAYS AND FOR NON - PROSECUTION FOLLOWING THE DECISION OF DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD., 38 ITD 320 (DEL). 4. THE ITAT, AHMEDABAD IN THE CASE OF GUJARAT THEMIS BIOSYN LTD VS. JCIT (2000) 74 ITD 339 (AHD) HAS HELD THAT THE PROVISIONS OF SECTION 250(6) ARE MANDATORY AND IT IS OBLIGATORY FOR COMMISSIONER(APPEALS) TO PASS A SPEAKING ORDER STATING POINTS RAISED IN APPEALS, HIS DECISION THEREON AND REASONS FOR SUCH DEC ISIONS. THE PROVISIONS OF SECTION 250(6) PROVIDES THAT THE APPELLATE ORDER OF COMMISSIONER (A) ARE TO STATE THE POINTS ARISING IN THE APPEAL, THE DECISION OF THE AUTHORITY THEREON AND THE REASONS FOR SUCH DECISION. THE UNDERLYING RATIONALE OF THE PROVISIO N IS THAT SUCH ORDERS ARE SUBJECT TO FURTHER APPEAL TO THE TRIBUNAL. SPEAKING ORDER WOULD OBVIOUSLY ENABLE A PARTY TO KNOW PRECISE POINTS DECIDED IN HIS FAVOUR OR AGAINST HIM. ABSENCE OF THE FORMULATION OF THE POINT FOR DECISION FOR WANT OF CLARITY IN A DECISION UNDOUBTEDLY PUTS A PARTY IN QUANDARY. IN THE INSTANT CASE, VIDE THE IMPUGNED ORDER, THE COMMISSIONER (APPEALS) HAS DISMISSED THE APPEAL WITHOUT CONSIDERING THE FACTS AND GROUNDS RAISED BY THE ASSESSEE FOLLOWING THE DECISION OF ITAT DELHI IN THE C ASE OF MULTIPLAN (INDIA)LTD. (SUPRA) . THEREFORE, WE ARE OF THE OPINION THAT THE CIT (A) HAS NO POWER TO DISMISS THE APPEAL AND THE RELIANCE PLACED BY THE CIT (A) IN THE CASE OF MULTIPLAN (SUPRA) IS MISCONCEIVED. IN VIEW OF THIS AND FOLLOWING THE DECISION OF THE ITAT AHMEDABAD IN THE CASE OF GUJARAT THEMIS BIOSYN LTD ITA NO57/CTK/2018 ASSESSMENT YEAR : 2011 - 12 P A G E 3 | 3 (SUPRA), WE SET ASIDE THE ORDER OF THE CIT (A) AND RESTORE THE APPEAL TO HIS FILE AND DIRECT HIM TO DISPOSE OF THE APPEAL OF THE ASSESSEE AFRESH WITH A SPEAKING ORDER AFTER ALLOWING PROPER OP PORTUNITY IN ACCORDANCE WITH LAW. WE ALSO OBSERVE THAT THE CIT(A) HAS NOT CONDONE THE DELAY IN FILING THE APPEAL DUE TO SUPPORTING EVIDENCE FOR NOT FILING THE APPEAL IN TIME. THE ASSESSEE IS DIRECTED TO SUBMIT THE NECESSARY EVIDENCE IN SUPPORT OF THE CON DONATION OF DELAY BEFORE THE CIT(A). 5. SINCE, WE HAVE REMITTED THE MATTER TO THE FILE OF THE CIT(A), THE STAY PETITION FILED BY THE ASSESSEE IS DISMISSED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES AND STAY PETITION IS DI SMISSED. ORDER PRONOUNCED ON 14 / 0 6 /201 9 . S D/ - SD/ - ( CHANDRA MOHAN GARG ) (LAXMI PRASAD SAHU) JUDICIALMEMBER ACCOUNTANT MEMBER CUTTACK; DATED 14 / 0 6 /20 9 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER SR . PVT. S ECRETARY ITAT, CUTTACK 1. THE APPELLANT : SHREE GANESH RICE MILLS, RAMABILLI, PO: JANKIA, KHURDA, ORISSA 2. THE RESPONDENT. ITO, KHURDA WARD, KHURDA 3. THE CIT(A) - 1 , BHUBANESWAR 4. PR.CIT - 1 , BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//