Green Gas Ltd., Lucknow V. Jt. Commissioner of Income Tax, Lucknow

ITA 708/LKW/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1111 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 07-12-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: SUJIT KUMAR SINGH
• Keywords: Additional evidence

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. 708/LKW/2016 ASSESSMENT YEAR: 2011 - 12 GREEN GAS LTD. 2 ND FLOOR FORTUNE TOWER 10, RA NA PRATAP MARG LUCKNOW V. JCIT RANGE 3 LUCKNOW T AN /PAN : AACCG5233G (APP ELL ANT) (RESPONDENT) APPELLANT BY: SHRI SUJIT KUMAR SINGH, C.A. RESPONDENT BY: SHRI RAJIV KUMAR, D.R. DATE OF HEARING: 07 02 201 8 DATE OF PRONOUNCEMENT: 12 0 2 201 8 O R D E R PER P ARTHA SARATHI CHAUDHURY, J.M : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LD. CIT(A) - 1, LUCKNOW DATED 18/8/2016. 2 . THE GROUNDS RAISED BY THE ASSESSEE RELATES TO THE CONFIRMATION OF ADDITION/DISALLOWANCES TOTALLING TO RS.1,99,7 1,432/ - UNDER THE HEADS SALARY TO THE DIRECTOR; OPERATION AND MAINTENANCE EXPENSES AND INTEREST EXPENSES. 3 . THE FACTS IN BRIEF ARE THAT THE ASSESSEE - COMPANY E - FILED ITS RETURN OF INCOME ON 26/9/2011 DECLARING TOTAL INCOME OF RS.21,37,94,200/ - . THE ASS ESSEE - COMPANY IS ENGAGED IN THE BUSINESS OF MANUFACTURING AND TRADING OF CNG. THE ASSESSEE - COMPANY PURCHASE NG AND COMPRESSES THE SAME INTO CNG AND THEREAFTER CNG ITA NO.708/LKW/2016 PAGE 2 OF 3 IS SOLD. THE ASSESSEE HAS D ISCLOSED NET PROFIT AT RS.23,36,77,772/ - ON THE GROSS TURNOVER O F RS.84,25,33,887/ - , WHICH IS ABOUT 28%. THE ASSESSMENT IN THIS CASE WAS COMPLETED ON A TOTAL INCOME OF RS.23,43,52,632/ - BY MAKING VARIOUS ADDITIONS/ DISALLOWANCES AS APPEARING IN THE ASSESSMENT ORDER. 4 . THE LD. CIT(A) HAS CONFIRMED THE ORDER OF THE ASSESSI NG OFFICER . 5 . AT THE TIME OF HEARING BEFORE US, THE LD. A.R. OF THE ASSESSEE SUBMITTED THAT VARIOUS ADDITIONAL EVIDENCES WERE FILED BEFORE THE LD. CIT(A) WHICH WERE NOT CONSIDERED BY HIM AND WHICH HAS RESULTED INTO CONFIRMATION OF THE ADDITIONS/DISALLOWANCES MADE BY THE ASSESSING OFFICER. THE LD. A.R. OF THE ASSESSEE PRAYED THAT IN THE INTEREST OF JUSTICE, THE MATTER MAY BE RESTORED BACK TO THE FILE OF THE LD. CIT(A) WITH A DIRECTION TO CONSIDER THE ADDITIONAL EVIDENCES FILED BEFORE HIM AND TO DECIDE THE APP EAL OF THE ASSESSEE AFTER CALLING FOR REMAND REPORT FROM THE ASSESSING OFFICER AS PER LAW. 6 . THE LD. D.R. DID NOT OBJECT TO THE REQUEST MADE BY THE LD. A.R. OF THE ASSESSEE. 7 . WE HAVE PERUSED THE CASE RECORDS, HEARD THE RIVAL CONTENTIONS AND WE FIND MERIT IN T HE SUBMISSIONS MADE BY THE LD. A.R. OF THE ASSESSEE. WE ARE OF THE CONSIDERED VIEW THAT THE LD. CIT(A) SHOULD HAVE ADMITTED THE ADDITIONAL EVIDENCES FILED BY THE ASSESSEE UNDER RULE 46A (3) OF THE RULES AND OBTAINED REMAND REPORT FROM THE ASSESSING OFFICER ON THE SAME . WE, THEREFORE, IN THE INTEREST OF JUSTICE, SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE MATTER TO HIS FILE WITH A DIRECTION TO RE - ADJUDICATE THE ISSUE AFRESH AFTER ITA NO.708/LKW/2016 PAGE 3 OF 3 ADMITTING AND CONFRONTING THE ADDITIONAL EVIDENCE TO THE ASSESSING O FFICER. 8 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 12 / 0 2 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12 TH FEBR UARY , 201 8 JJ: 0702 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR