M/s Capital Construction Company, Bhopal V. The ITO 1(2), Bhopal

ITA 403/IND/2013

• Counselvise Citation: 40322714 RSA 2013
• Duration Of Justice: 2 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 06-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: S S DESHPANDE
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, J.M. AND SHRI B.C.MEENA, A.M. I.T.A.NO. 403/IND/2013 A.Y. : 2006-07 CAPITAL CONSTRUCTION CO., VS. ITO, 1(2), BHOPAL BHOPAL. APPELLANT RESPONDENT PAN NO. : AABFC1483A APPELLANT BY : SHRI S.S.DESHPANDE, C.A. RESPONDENT BY : SHRI R.A.VERMA, SR. DR DATE OF HEARING : 08 . 0 6 .201 5 DATE OF PRONOUNCEMENT : 08 . 0 6 .201 5 -: 2: - 2 O R D E R PER GARASIA, J.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A), BHOPAL DATED 30.01.2009 FOR THE ASSESSME NT YEAR 2006-07. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A PARTNERSHIP FIRM ENGAGED IN BUSINESS OF CONSTRUCTIO N OF RESIDENTIAL HOUSE. THE ASSESSMENT WAS COMPLETED U/S 143(3) OF THE INCOME-TAX ACT, 1961. THE ASSESSEE HAS COMPL ETED THE CONSTRUCTION OF SWAGAT DREAMLAND BUNGALOWS UPON A P LOT OF LAND OF 1.28 ACRES AND HE HAS SOLD 29 RESIDENTIAL H OUSES. MAIN OBJECTION OF THE AO WAS THAT ON PHYSICAL VERIFICATI ON OF THE HOUSE, IT WAS FOUND THAT THE BUILT UP AREA OF THE H OUSE WAS BEYOND 1500 SQ.FT. THEREFORE, THE AO HAS DISALLOWED . THE ASSESSEE HAS TAKEN THE CONTENTION BEFORE THE AO THA T THE CUSTOMER HAS MADE THE INSTRUCTIONS AND DEVELOPER HA S NOT MADE ANY CONSTRUCTION, THEREFORE, THE ASSESSEE DEVE LOPER CANNOT BE PUNISHED FOR THE ADDITIONAL CONSTRUCTION GOT DONE BY THE CUSTOMER HIMSELF, BUT THE AO AND LD. CIT(A) DID NOT -: 3: - 3 CONVINCE WITH THE EXPLANATION OF THE ASSESSEE AND T HE APPEAL WAS DISMISSED. 3. DURING THE COURSE OF HEARING, THE LD. AUTHORIZED REPRESENTATIVE DRAWN OUR ATTENTION ON PAGE 18 OF TH E PAPER BOOK. THE LD. AUTHORIZED REPRESENTATIVE SUBMITTED T HAT ON PAGE 18 IS THE LETTER, WHICH WAS GIVEN ON 15.9.2014 TO THE AO, WHEREIN THE ASSESSEE HAS ASKED FOR REMAND REPORT, W HICH WAS PLACED BEFORE THE CIT AND COPY OF THE STATEMENT RE CORDED IN RESPECT OF SHRI PRASAD AND SHRI INDER PAL SINGH GUL ATI. THE LD. AUTHORIZED REPRESENTATIVE SUBMITTED THAT THE LD. CI T(A) HAS GIVEN THE COPY OF REMAND REPORT AND CALLED FOR THE ASSESSEES COMMENTS, BUT THE LD. CIT(A) HAS RELIED UPON THE ST ATEMENT, BUT THAT COPY IS NOT GIVEN TO THE ASSESSEE. THEREFO RE, HE HAS REQUESTED TO SUPPLY THE COPY AND THE MATTER MAY BE RESTORED TO THE AO TO DECIDE THE MATTER AFRESH. 4. THE LD. SENIOR D.R. CONCEDED TO THE REQUEST OF THE ASSESSEE. 5. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES. WE FOUND THAT THE ASSESSEE HAS ASKED FOR THE COPY OF THE REMAND REPORT AND COPY OF THE STATEMENT, WHICH THE AO IS -: 4: - 4 BOUND TO GIVE THE SAME. THEREFORE, THE AO, IS DIREC TED TO GIVE THE COPY AS DEMANDED BY THE ASSESSEE AND AFTER SUPP LYING THE COPY, THE AO IS DIRECTED TO DECIDE THE MATTER AFRES H AS PER LAW. 6. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICA L PURPOSES. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 8 TH JUNE, 2015. SD/- (B. C. MEENA) ACCOUNTANT MEMBER SD/- ( D.T.GARASIA) JUDICIAL MEMBER DATED : 8 TH JUNE, 2015. CPU* 8106