ITO, Cuttack V. Anil Kumr Agarwal, Cuttack

ITA 442/CTK/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 4444 (ITAT-CUTTACK)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2011
• Appeal Filed By: Department
• Bench Allotted: DB
• Next Hearing Date: 26-04-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 10-12-2010
• Court: TRIBUNAL
• Department Lawyers: INDICATING THAT APPEAL P

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK ( ) BEFORE . . , , HONBLE SHRI K.K.GUPTA, ACCOUNTANT MEMBER. /AND . . . , S HRI K.S.S.PRASAD RAO , JUDICIAL MEMBER / I.T.A.NO. 442/CTK/2010 C.O.NO.009/CTK/2010 (FILED BY THE ASSESSEE) / ASSESSMENT YEAR 2005 - 06 INCOME - TAX OFFICER, WARD 2(3), CUTTACK. - - - VERSUS - ANIL KUMAR AGARWAL, PROP. M/S.ANI LSYNTHETICS, JAUNLIAPATTY, CUTTACK PAN: ABOPA 1918 L ( /APPELLANT ) ( / RESPONDENT ) / FOR THE APPELLANT : / SHRI M.R.PANIGRAHI, DR / FOR THE RESPONDENT: / SHRI D.K.SETH/M.SETH, ARS / ORDER . . , , SHRI K.K.GUPTA, ACCOUNTANT MEMBER. THE REVENUE IS IN APPEAL AGITATING THE ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) ON THE SOLITARY ISSUE THAT THE LEARNED CIT(A) WAS NOT JUSTIFIED IN DELETING THE ADDITION AM OUNTING TO 56,84,632 ON ACCOUNT OF UNDISCLOSED SALES AND DIRECTING THE ASSESSING OFFICER TO ESTIMATE THE PROFIT THEREON AT 26%. 2. CROSS OBJECTION HAS BEEN PREFERRED BY THE ASSESSEE - RESPONDENT INDICATING THAT THE APPEAL PREFERRED BY THE REVENUE IS INVA LID AND INFRUCTUOUS IN VIEW OF THE FACT THAT THE PROCEEDINGS U/S.147 HAVE BEEN HELD UNJUSTIFIED BY THE TRIBUNAL, CUTTACK BENCH VIDE THEIR ORDER DT.15.11.2010. 3. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE REVENUE OUGHT NOT TO HA VE FILED THE APPEAL WHICH APPEARS TO HAVE BEEN FILED ON 10.12.2010 I.E., ABOUT ONE MONTH AFTER THE ORDER OF THE TRIBUNAL IN ASSESSEES APPEAL BEING ITA NO.376/CTK/2010 WHEREIN THE TRIBUNAL HAS I.T.A.NO. 442/CTK/2010 C.O.NO.009/CTK/2010 2 QUASHED THE IMPUGNED ASSESSMENT MADE U/S.143(3)/147 OF THE I.T. ACT . A COPY OF THE TRIBUNALS ORDER IS FURNISHED AND PLACED ON RECORD. 4. THE LEARNED DR PROPOSED THAT THE ABOVE ORDER OF THE TRIBUNAL MAY NOT HAVE BEEN AVAILABLE TO THE ASSESSING OFFICER LEADING TO HIS FILING THE PRESENT APPEAL AFTER THE DATE OF ORDER O F THE TRIBUNAL. HE, HOWEVER, AGREED TO THE PROPOSITION THAT THE MAIN CONTENTION IN DELETING THE ADDITION BY THE LEARNED CIT(A) WAS ON THE FACTUAL ASPECT OF PURCHASES ALSO HAVE TO BE TAKEN INTO CONSIDERATION WAS NOT CONSIDERED BY THE ASSESSING OFFICER AND A PPROPRIATE ADJUDICATED UPON BY THE TRIBUNAL, WHICH RESULTED THE ISSUE AGITATED BY THE REVENUE IN THE PRESENT APPEAL. THE LEARNED DR CONCEDED THAT THE ISSUE AGITATED IN THE PRESENT APPEAL HAS NO MERITS. 5. IN VIEW OF THE ABOVE AND IN VIEW OF THE FACT THAT THE IMPUGNED ASSESSMENT MADE U/S.143(3)/147 HAS BEEN QUASHED BY THE TRIBUNAL AS STATED SUPRA, THE APPEAL FILED BY THE REVENUE MUST BE HELD TO BE INFRUCTUOUS AND SO ALSO THE CROSS OBJECTION FILED BY THE ASSESSEE IN THE PRESENT APPEAL. 6. IN THE RESULT, THE APPEAL OF THE REVENUE AND ALSO THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED AS INFRUCTUOUS. THIS ORDER IS PRONOUNCED IN OPEN COURT ON DT. ( . . . ) , ( K.S. S.PRASAD RAO), JUDICIAL MEMBER ( . . ) , , (K.K.GUPTA), ACCOUNTANT MEMBER. ( ) DATE: ( ), ( H.K.PADHEE ), SENIOR.PRIVATE SECRETARY. I.T.A.NO. 442/CTK/2010 C.O.NO.009/CTK/2010 3 - COPY OF THE ORDER FORWARDED TO: 1 . / THE APPELLANT : INCOME - TAX OFFICER, WARD 2(3), CUTTACK. 2 / THE RESPONDENT: ANIL KUMAR AGARWAL, PROP. M/S.ANILSYNTHETICS, JAUNLIAPATTY, CUTTACK. 3 . / THE CIT, 4 . ( )/ THE CI T(A), 5 . / DR, CUTTACK BENCH 6 . GUARD FILE . / TRUE COPY, / BY ORDER, [ ] SENIOR PRIVATE SECRETARY