Sh. Krishan Gopal, Ludhiana V. ITO, W-6(4), Ludhiana

ITA 667/CHANDI/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2014 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 09-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SUBHASH AGGARWAL

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, A, CHANDIGARH , !' # $ % &' , '( BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ./ ITA NO. 667/CHD/2018 / ASSESSMENT YEAR : 2012-13 SH. KRISHAN GOPAL, KESARI GAS SERVICE, SUPER COMPLEX, NEAR DHURI RAILWAY CROSSING, LINK ROAD, LUDHIANA THE ITO, WARD 6(4), LUDHIANA ./PAN NO: ABPTG5051B / APPELLANT /RESPONDENT ! /ASSESSEE BY : SHRI SUBHASH AGGARWAL, ADVOCATE ' ! / REVENUE BY : SMT.CHANDERKANTA, SR.DR # $ % /DATE OF HEARING : 05.11.2018 &'() % / DATE OF PRONOUNCEMENT : 16.11. 2018 ')/ ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE AGAIN ST THE ORDER DATED 16.3.2018 OF THE COMMISSIONER OF INCOME TAX (APPEAL S)-3, LUDHIANA [HEREINAFTER REFERRED TO AS CIT(A)]. 2. THE ASSESSEE IN THIS APPEAL HAS NOT ONLY AGITATE D THE ACTION OF THE CIT(A) IN PASSING THE EX-PARTE ORDER WITHOUT CONSID ERING THE WRITTEN SUBMISSIONS FILED BY THE ASSESSEE BUT HAS ALSO AG ITATED CONFIRMATION OF DISALLOWANCE OF INTEREST PAID ON ALLEGED INTEREST F REE ADVANCES. ITA NO. 667/ CHD/2018- SH. KRISHAN GOPAL, LUDHIANA 2 3. THE CONTENTION OF THE LD. COUNSEL FOR THE ASSESS EE IS THAT THE ASSESSEE HAD OWN SUFFICIENT FUNDS TO MEET THOSE INT EREST FREE ADVANCES. THE LD. COUNSEL, AT THIS STAGE, HAS STATED THAT THOUGH THE AMOUNT OF DISALLOWANCE OF INTEREST HAS BEEN MENTIONED IN T HE FIRST GROUND OF APPEAL AS RS. 2,62,603/-, HOWEVER, ANOTHER DISALLOWANCE O F INTEREST OF RS. 1,97,536/- INADVERTENTLY HAS REMAINED TO BE INCLU DED WHILE AGITATING THE ACTION OF THE CIT(A) IN CONFIRMING THE AFORESAID D ISALLOWANCE. 4. WE HAVE GONE THROUGH THE IMPUGNED ORDER OF THE C IT(A) AND FOUND THAT THOUGH THE ASSESSEE HAD FILED WRITTEN SUBMISSI ONS BEFORE THE LD. CIT(A), EVEN THE LD. CIT(A) HAS REPRODUCED THE AFOR ESAID WRITTEN SUBMISSIONS IN THE IMPUGNED ORDER, HOWEVER, THE LD . CIT(A) WITHOUT DECIDING THE ISSUE ON MERITS HAS SIMPLY DISMISSED T HE APPEAL OF THE ASSESSEE FOR NON-REPRESENTATION. WE, THEREFORE, AG REE WITH THE CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE THAT THE ASSESS EE HAD FILED WRITTEN SUBMISSIONS BEFORE THE LD. CIT(A) AND THE LD. CIT (A) OUGHT TO HAVE CONSIDERED THE SAME. 5. IN VIEW OF THIS, THE IMPUGNED ORDER OF THE CIT(A ) IS SET ASIDE AND THE MATTER IS RESTORED TO THE FILE OF THE CIT(A) WITH A DIRECTION TO DECIDE THE GROUNDS / ISSUES RAISED BEFORE US I.E. REGARDING TH E DISALLOWANCE OF INTEREST OF RS. 2,62,603/- AND FURTHER DISALLOWANCE OF RS. 1,97,586/- ON ACCOUNT OF INTEREST FREE ADVANCES GIVEN BY THE ASSESSEE. THE L D. CIT(A) WILL GIVE PROPER OPPORTUNITY OF HEARING TO THE ASSESSEE, CO NSIDER THE SUBMISSIONS, IF ANY, FILED BEFORE HIM AND THEN TO DECIDE THE APPEAL OF THE ASSESSEE ON MERITS. ITA NO. 667/ CHD/2018- SH. KRISHAN GOPAL, LUDHIANA 3 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 16.11.2018 SD/- SD/- ( # $ % &' / ANNAPURNA GUPTA) '( / ACCOUNTANT MEMBER ( / SANJAY GARG) / JUDICIAL MEMBER DATED : 16.11.2018 .. '+ ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. # / / CIT 4. # / ( )/ THE CIT(A) 5. -01 2 , % 2 , 34516 / DR, ITAT, CHANDIGARH 6. 15 7$ / GUARD FILE '+ # / BY ORDER, 8 ' / ASSISTANT REGISTRAR