Suri Shoes Pvt. Ltd., Kanpur V. Astt. Commissioner of Income Tax-4, Kanpur

ITA 414/LKW/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 0571 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-12-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 15-07-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A K MISHRA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA NO. 414/LKW/2016 ASSESSMENT YEAR: 2003 - 04 SURI SHOES PVT. LTD. 117/Q/67, SHARDA NAGAR K ANPUR V. ACIT RANGE 4 KANPUR T AN /PAN : AADCS1582P (APP ELL ANT) (RESPONDENT) APPELLANT BY: SHRI ABHINAV MEHROTRA, ADVOCATE RESPONDENT BY: SHRI A. K. MISHRA, D.R. DATE OF HEARING: 07 12 201 7 DATE OF PRONOUNCEMENT: 08 12 201 7 O R D E R PER P ARTHA S ARATHI CHAUDHURY, J.M : THIS APPEAL PREFERRED BY THE ASSESSEE ARISES FROM THE ORDER OF THE LD. CIT(A) - II, KANPUR DATED 10/3/2016. 2 . THE SOLE GRIEVANCE OF THE ASSESSEE IS WITH REGARD TO PASSING OF AN EX - PARTE ORDER BY THE LD. CIT(A) CONFIRMING THE PENALTY UND ER SECTION 271(1)(C) OF THE ACT. 3 . THE BRIEF FACTS ARE THAT THE ASSESSEE - COMPANY IS ENGAGED IN MANUFACTURE AND EXPORT OF FOOTWEAR, SHOE UPPERS AND UPHOLSTERY ITEMS. THE ASSESSMENT UNDER SECTION 143(3) OF THE ACT WAS COMPLETED IN ASSESSEES CASE VIDE ORDER D ATED 30 /1/2006 WHEREIN VARIOUS ADDITIONS/DISALLOWANCES WERE MADE BY THE ASSESSING OFFICER. P ENALTY PROCEEDINGS UNDER SECTION 271(1)(C) OF THE ACT WERE INITIATED IN ASSESSEES CASE UPON COMPLETION OF ASSESSMENT OBSERVING THAT THE [ ITA NO.414/LKW/2016 ] 2 ASSESSEE HAS CONCEALED PAR TICULARS OF INCOME AND FURNISH ED INACCURATE PARTICULARS OF INCOME. 4 . WE HAVE PERUSED THE CASE RECORDS AND WE FIND THAT THE ORDER OF THE LD. CIT(A) IS AN EX - PARTE ORDER. THE RIGHTS AND LIABILITIES OF THE ASSESSEE WERE NOT ADJUDICATED UPON. THE LD. CIT(A) H AS APPLIED THE DECISION OF THE CO - ORDINATE ITAT DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD., 38 ITD 320 AND DISMISSED THE APPEAL OF THE ASSESSEE EX - PARTE. WE ARE OF THE CONSIDERED VIEW THAT SINCE IT IS AN APPEAL AGAINST IMPOSITION OF PENAL TY, THEREFORE, IN THE INTEREST OF JUSTICE, ONE MORE OPPORTUNITY SHOULD BE PROVIDED TO THE ASSESSEE AND ACCORDINGLY WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE MATTER TO HIS FILE FOR FRESH ADJUDICATION. 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 8/12/ 201 7 . SED/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 8 TH DECEMBER , 2017 JJ: 0712 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT (A) 4 . CIT 5 . DR ASSISTANT REGISTRAR