SHREE BALAJI INDUSTRIES, TONK V. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7, Jaipur

ITA 780/JPR/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2081 (ITAT-JAIPUR)
• Duration Of Justice: 3 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 17-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S NEHRA DHK
• Keywords: Opportunity of being heard
• Section: 143(3); 80IB

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH HKKXPAN] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, A M VK;DJ VIHY LA-@ ITA NO. 780/JP/2017 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2010-11 M/S SHREE BALAJI INDUSTRIES, F-79, INDUSTRIAL AREA, NEWAI, TONK. CUKE VS. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-7, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AAXFS 4654 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI MAHENDRA GARGIEYA (ADV) JKTLO DH VKSJ LS@ REVENUE BY : SHRI A.S. NEHRA. LQUOKBZ DH RKJH[K@ DATE OF HEARING : 15/02/2018 MN?KKS'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 16/02/2018 VKNS'K@ ORDER PER: BHAGCHAND, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE EMANATES FR OM THE ORDER OF THE LD. CIT(A)-3, JAIPUR DATED 17/08/2017 FOR TH E A.Y. 2010-11, WHEREIN THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL:- 1. THE IMPUGNED ADDITIONS AND DISALLOWANCES MADE I N THE ORDER U/S 143(3) OF THE ACT DATED 17.08.2017 ARE BAD IN L AW AND ON FACTS OF THE CASE, FOR WANT OF JURISDICTION AND VAR IOUS OTHER REASONS AND HENCE THE SAME KINDLY BE DELETED. 2. THE ID. CIT(A) ERRED IN LAW AS WELL AS ON THE FA CTS OF THE CASE IN PASSING THE IMPUGNED ORDER IN A HASTE WITHOUT AFFOR DING ADEQUATE AND REASONABLE OPPORTUNITY OF BEING HEARD. THE IMPUGNED ORDER HAVING BEEN FRAMED IN GROSS BREACH O F NATURAL ITA 780/JP/2017_ SHREE BALAJI INDUSTRIES VS. ACIT 2 JUSTICE, KINDLY BE QUASHED OR ALTERNATIVELY BE REST ORED TO THE FILE OF THE ID. CIT(A). 3. RS.96,573/-: THE ID. CIT(A) ERRED IN LAW AS WELL AS ON THE FACTS OF THE CASE IN CONFIRMING DISALLOWANCE OF DEPRECIAT ION ON LAND OF RS.96,573/- IN SPITE OF THE FACT THAT LAND FORMS THE PART OF THE BUILDING. THE DISALLOWANCE SO MADE AND CONFIRME D BY THE ID. CIT(A) IS CONTRARY TO THE PROVISIONS OF LAW AND FACTS OF THE CASE. HENCE, THE SAME KINDLY BE ALLOWED. 4. RS.41,723/-: THE ID. CIT(A) ERRED IN LAW AS WELL AS ON THE FACTS OF THE CASE IN CONFIRMING DISALLOWANCE OF DEDUCTION RS.41,723/- CLAIMED U/S 80IB IN THE PRESCRIBED FORM NO.10CCB IN SPITE OF THE FACT THAT THE SALE OF OILSEEDS IS N OT ANCILLARY OF OIL MILLS, THE DISALLOWANCE MADE AND CONFIRMED BY T HE ID. CIT(A) IS CONTRARY TO THE PROVISIONS OF LAW AND FAC TS OF THE CASE. HENCE, THE SAME KINDLY BE ALLOWED. 5. RS.10,00,000/-: THE ID. CIT(A) ERRED IN LAW AS WELL AS ON THE FACTS OF THE CASE IN CONFIRMING THE TRADING ADDITIO N OF RS.10,00,000/-. THE ADDITION SO MADE AND CONFIRMED BY THE ID. CIT(A) BEING TOTALLY CONTRARY TO THE PROVISIONS OF LAW AND FACTS OF THE CASE, KINDLY BE DELETED IN FULL. 6. THE ID. AO FURTHER ERRED IN LAW AS WELL AS ON TH E FACTS OF THE CASE IN CHARGING INTEREST U/S 234B, 234C & 234D OF THE ACT. THE APPELLANT TOTALLY DENIES ITS LIABILITY OF CHARG ING OF ANY SUCH INTEREST. THE INTEREST SO CHARGED, BEING CONTRARY T O THE PROVISIONS OF LAW AND FACTS, KINDLY BE DELETED IN F ULL. 2. AT THE OUTSET OF HEARING, THE LD. A.R OF THE AS SESSEE HAS SUBMITTED THAT THE LD. CIT(A) HAS PASSED EX PARTE OR DER WITHOUT PROVIDING ADEQUATE AND EFFECTIVE OPPORTUNITY OF BEI NG HEARD TO THE ASSESSEE. THE LD. AR FURTHER SUBMITTED THAT IN THE I NTEREST OF JUSTICE ITA 780/JP/2017_ SHREE BALAJI INDUSTRIES VS. ACIT 3 AND EQUITY, THE MATTER MAY BE RESTORED BACK TO THE FILE OF THE LD. CIT(A). 3. THE LD. DR WAS NOT HAVING ANY SERIOUS OBJECTIONS O N THIS PROPOSITION. 4. AFTER HEARING BOTH THE SIDES, WE ARE OF THE VIEW THAT IN THE INTEREST OF JUSTICE AND EQUITY, THE MATTER NEEDS A RELOOK AT THE LEVEL OF THE LD. CIT(A), THEREFORE, THE ISSUES RAISED IN THE APPEAL ARE RESTORED BACK TO THE FILE OF THE LD. CIT(A) TO BE DECIDED DE NOVO. THE ASSESSEE SHALL PRODUCE ALL NECESSARY DOCUMENTS IN SUPPORT OF ITS CASE AND COOPERATE IN FINALIZATION OF APPEAL. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT ON 16/02/2018. SD/- SD/- FOT; IKY JKO HKKXPAN (VIJAY PAL RAO) (BHAGCHAND) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 16 TH FEBRUARY, 2018 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- M/S SHREE BALAJI INDUSTRIES, NEWAI, TON K. 2. IZR;FKHZ @ THE RESPONDENT- THE ACIT, CIRCLE-7, JAIPUR. ITA 780/JP/2017_ SHREE BALAJI INDUSTRIES VS. ACIT 4 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 780/JP/2017) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR