DCIT, Chandigarh V. M/s Creative Capital Services Pvt. Ltd., New Delhi

ITA 608/CHANDI/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5119 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 03-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR GULSHAN RAJ

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES A CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NOS. 606 & 608/CHD/2015 ASSESSMENT YEARS: 2008-09 & 2010-11 THE DCIT VS. CREATIVE CAPITAL SERVICES PVT. LTD . CENTRAL CIRCLE I S-16, 2 ND FLOOR, PANDAV NAGAR EXTN. CHANDIGARH NEW DELHI PAN NO. AAACC5540L (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. TEJ MOHAN SINGH DEPARTMENT BY : DR. GULSHAN RAJ DATE OF HEARING : 07/03/2018 DATE OF PRONOUNCEMENT : 14/03/2018 ORDER PER BENCH: BOTH THE ABOVE APPEALS HAVE BEEN FILED BY THE REVEN UE AGAINST THE ORDER OF THE LD. CIT(OSD), GURGAON DT. 31/03/2015. 2. SINCE THE ISSUES RAISED IN BOTH THE APPEALS ARE COMMON THEREFORE THEY ARE BEING DISPOSED OFF TOGETHER FOR THE SAKE OF CON VENIENCE. WE SHALL TAKE ITA NO. 606/CHD/2015 AS A LEAD CASE. 3. ASSESSEE HAS RAISED THE FOLLOWING GROUNDS RAISED IN ITA NO. 606/CHD/2015. 1. 'ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE ID COMMISSIONER OF INCOME TAX (A) ERRED IN LAW BY ACCEPTING THE CONTENTION OF THE ASSESSEE THAT COMPLETE DETAILS CALLED FOR WERE FURNISHED DURING ASSESSMENT PROCEEDINGS AND COMMISSIONER OF INCOME TAX (A) FAILED TO EITHER MAK E NECESSARY FACTUAL ENQUIRY OR CALL FOR REMAND REPORT FROM THE A.O. TO VERIFY T HE VERACITY OF THE CONTENTION OF THE ASSESSEE.' 2 ' THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE , THE LD. CIT(A) HAD ERRED IN LAW WHILE REJECTING THE ACTION OF THE AO FOR APPLYI NG ESTIMATION OF 8% ON THE GROSS RECEIPTS DESPITE THE FACT THAT DURING THE COU RSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE FAILED TO PRODUCE ANY BOOKS OF ACCOUNT AND BILLS/VOUCHERS.' 2 4. AT THE OUTSET THE REVENUE TOOK OBJECTION IN GROU ND NO. 1 THAT THE LD. CIT(A) NEITHER CONDUCTED NECESSARY FACTUAL ENQUIRIE S NOR OBTAINED REMAND REPORT FROM THE ASSESSING OFFICER WHILE ADJUDICATIO N. 5. LD. REPRESENTATIVES OF BOTH THE PARTIES FAIRLY C ONSENTED TO THE FACT THAT THE MATTER NEEDS TO BE REMANDED BACK TO THE FILE OF THE ASSESSING OFFICER FOR EXAMINATION AFRESH TO TAKE INTO CONSIDERATION THE S UBMISSIONS OF THE ASSESSEE. HENCE WE HEREBY RESTORE THE MATTER TO THE FILE OF T HE ASSESSING OFFICER FOR FRESH EXAMINATION. 6. IN THE RESULT APPEAL OF THE REVENUE IS ALLOWED F OR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14/03/2018. SD/- SD/- (DIVA SINGH) (DR. B.R. R. KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED :14/03/2018 AG COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT, TH E CIT(A), THE DR