The ITO, 3(1), Indore V. M/s. Gajanan Freight Carrier, Indore

ITA 504/IND/2013

• Counselvise Citation: 50422714 RSA 2013
• Duration Of Justice: 2 year(s) 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 28-06-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G S GAUTAM
• Assessee Lawyers: S S DESH
• Keywords: Opportunity of being heard; Additional evidence
• Section: 133(6)

Judgement Text

ITO VS. GAJANAN FREIGHT CARRIER ITA NO. 504/IND/2013 1 IN THE INCOME TAX APPELLATE TRIBUNA L INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER AND SHRI B.C. MEENA, HONBLE ACCOUNTANT MEMBER ITA NO. 504/IND/2013 A.Y. 2008-09 INCOME TAX OFFICER 3(1) INDORE ::: APPELLANT VS M/S GAJANAN FREIGHT CARRIER INDORE PAN AAKFM 5152F ::: RESPONDENT APPELLANT BY SHRI G.S. GAUTAM RESPONDENT BY SHRI S.S. DESHPANDE AND SHRI SANDEEP DESHPANDE DATE OF HEARING 28.7.2015 DATE OF PRONOUNCEMENT 1 7 .8.2015 O R D E R PER SHRI B.C. MEENA, AM THIS APPEAL FILED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LEARNED CIT(A)-I, INDORE, DATED 12.3 .2013. ITO VS. GAJANAN FREIGHT CARRIER ITA NO. 504/IND/2013 2 2. WE HAVE HEARD BOTH THE SIDES. THE LEARNED CIT(A) HAS DECIDED THE ISSUE BY HOLDING AS UNDER :- 7. AFTER THE ASSESSMENT ORDER WAS PASSED, ASSESSEE HAS OBTAINED THE RECONCILIATION STATEMENT FROM RUCHI SOYA AND THE SAME HAS BEEN ADDUCED BEFORE ME AS ADDITIONAL EVIDENCE. THE RECONCILIATION STATEMENT IS ALSO REPRODUCED ABOVE. THE ADDITIONAL EVIDENCE FILED BY THE ASSESSEE UNDER TRULE 46A WAS DULY FORWARDED VIDE LETTER DATED 27.2.2012 BY MY PREDECESSOR TO A.O. FOR HIS COMMENTS. THE A.O.S REPORT HAS BEEN RECEIPT IN MY OFFICE ON 5.2.2013 I.E. ALMOST AFTER ONE YEAR. DURING THIS PERIOD NOTHING HAD PREVENTED ASSESSING OFFICER TO RECONFIRM THE CONTENTION OF THE ASSESSEE AND ALSO TO CONDUCT FURTHER INQUIRIES BEFORE FURNISHING THE REMAND REPORT. THE ITO VS. GAJANAN FREIGHT CARRIER ITA NO. 504/IND/2013 3 REMAND REPORT FILED BY THE A.O. SIMPLY STATES THAT THE ADDITIONAL EVIDENCE FILED BY THE ASSESSEE SHOULD NOT BE ACCEPTED FOR THE REASONS THAT THE ASSESSEE COULD NOT FILE THE RECONCILIATION BEFORE THE A.O. EVEN AFTER AVAILING REASONABLE OPPORTUNITY.THE CONTENTION OF THE ASSESSING OFFICER ARE NOT FOUND CORRECT AND BORN OUT OF THE FACTS AS CAN BE SEEN FROM THE DETAILED DISCUSSION MADE IN THE EARLIER PARAS. THE COPY OF ACCOUNT OBTAINED FROM M/S RUCHI SOYA INDUSTRIES LTD. WAS CONFRONTED TO ASSESSEE ON 20.12.2010 AND THE ASSESSMENT ORDER WAS PASSED ON 23.12.2010 WITHOUT AFFORDING THE REASONABLE OPPORTUNITY TO THE ASSESSEE. THEREFORE, IT WAS WITHIN THE RIGHT6S OF THE ASSESSEE TO OBTAIN THE RECONCILIATION AND TO PRODUCE THE SAME AS ADDITIONAL EVIDENCE. ITO VS. GAJANAN FREIGHT CARRIER ITA NO. 504/IND/2013 4 MOREOVER,. IT IS AN IMPORTANT PIECE OF DOCUMENT, IN ABSENCE OF WHICH THE DECISION TAKEN AT ANY STAGE SHALL BE RENDERED ASSESSEE PERVERTED. THE RECONCILIATION STATEMENT FILED BY RUCHI SOYA INDUSTRIES LTD. AS WELL AS THE SUBMISSIONS OF THE ASSESSEE WERE CONSIDERED AND FOUND REASONABLE. THEREFORE, THE ADDITION TO THE EXTENT OF THE AMOUNT GOT RECONCILED BY THE THIRD PARTY IS HEREBY DELETED. HOWEVER, SINCE THE ADDITION HAS BEEN MADE ON THE BASIS OF INFORMATION CALLED FOR U/S 133(6) AND THE RECONCILIATION STATEMENT GIVEN BY RUCHI SOYA INDUSTRIES P. LTD. IS ADDRESSED TO THE ASSESSEE UNDER CONSIDERATION, THE A.O. MAY INDEPENDENTLY RECONFIRM THE AUTHENTICITY OF RECONCILIATION FROM THE ABOVE MENTIONED PARTY BEFORE GIVING EFFECT TO THIS ORDER. ITO VS. GAJANAN FREIGHT CARRIER ITA NO. 504/IND/2013 5 3. AFTER HEARING BOTH THE SIDES, WE FIND IT APPROPRIAT E TO DIRECT THE ASSESSING OFFICER TO INDEPENDENTLY RECON FIRM THE AUTHENTICITY OF THE RECONCILIATION FROM RUCHI SOYA PVT . LTD. WE, THEREFORE, SET ASIDE THE ORDERS OF THE LOWER AUTH ORITIES AND RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR DOING THE NEEDFUL AS PER OUR ABOVE DIRECTION, AFTER AFF ORDING THE ASSESSEE AN OPPORTUNITY OF BEING HEARD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS ALLO WED FOR STATISTICAL PURPOSES. PRONOUNCED IN OPEN COURT ON 17TH AUGUST, 2015 SD SD (D.T. GARASIA) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER 17TH AUGUST, 2015 DN/- ITO VS. GAJANAN FREIGHT CARRIER ITA NO. 504/IND/2013 6