Calvin Planners& Investors Pvt Ltd., Ranchi V. DCIT, Circle-1, Ranchi

ITA 8/RAN/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2190 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 19-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANDIP RAJ
• Assessee Lawyers: V K JALAN
• Section: 144

Judgement Text

1 I.T.A. NO.08/RAN/2015 ASSESSMENT YEAR :2006-07 IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BEFORE S/SHRI SHAMIM YAHYA (AM) & PARTHA SARATHI CHAUDHURY (JM) I.T.A. NO.08/RAN/2015 ASSESSMENT YEAR :2006-07 ) CALVIN PLANNERS & INVESTORS PVT LTD., 48, CART SARAI ROAD, UPPER BAZAR, RANCHI V S DCIT, CIRCLE-1, RANCHI PAN/GIR NO. : AACCC 2378 N (APPELLANT ) .. RESPONDENT APPELLANT BY : SHRI V.K.JALAN RESPONDENT BY : SHRI SANDIP RAJ, ADDL. CIT DATE OF HEARING : 01-03-2016 DATE OF PRONOUNCEMENT : 02- 3-2016 O R D E R PER PARTHASARATHI CHAUDHURY, JUDICIAL MEMBER: THIS IS AN APPEAL FILED BY THE ASSESSEE ARISING FR OM THE ORDER OF THE LD CIT(A), RANCHI DATED 29.9.2014 FOR THE ASSESSMEN T YEAR 2006-07, IN THE MATTER OF ASSESSMENT UNDER SECTION 144 OF THE I .T.ACT, 1961. 2. AT THE OUTSET, SHRI V.K.JALAN, LD COUNSEL FOR TH E ASSESSEE HAS INFORMED THAT PROPER OPPORTUNITY OF HEARING WAS NOT GRANTED AND THE APPEAL WAS DECIDED EXPARTE. HE HAS PLACED BEFORE U S THAT IF AN OPPORTUNITY OF HEARING BE GRANTED THEN THERE WILL B E NO SUCH DEFAULT IN FUTURE. 2 I.T.A. NO.08/RAN/2015 ASSESSMENT YEAR :2006-07 3. LD D.R. SUBMITTED THAT MAXIMUM OPPORTUNITIES HAV E BEEN AFFORDED BY THE ASSESSING OFFICER AS WELL AS LD CIT(A) AND T HE ASSESSEE IS NOT SERIOUS IN PURSUING THE MATTER. HENCE, HE OPPOSED THE CONTENTION OF THE ASSESSEE TO GIVE ANOTHER OPPORTUNITY TO THE ASSESSE E. 4. HAVING CONSIDERED THE RIVAL CONTENTIONS, WE HAVE FOUND THAT THE ASSESSMENT ORDER U/S.144 WAS PASSED ON 25.12.2008 A ND THE INCOME WAS ASSESSED AT RS.59,87,530/-. THE ADDITIONS WERE IN THE NATURE OF UNSECURED LOAN, INTEREST INCOME AND OTHER ADVANCE A ND INVESTMENT. WE HAVE ALSO FOUND THAT THE ASSESSING OFFICER PASSED T HE ASSESSMENT ORDER U/S.144 AS NO SUBMISSION/EXPLANATION/BOOKS OF ACCOU NTS AND DOCUMENTS AS REQUIRED WAS FILED BY THE ASSESSEE. BEFORE THE L D CIT(A) ALSO, LD COUNSEL FOR THE ASSESSEE HAD APPEARED ON FEW OCCASI ONS. HOWEVER, DESPITE VARIOUS OPPORTUNITIES GIVEN TO THE ASSESSEE BY THE LD CIT(A), THERE WAS NON-COMPLIANCE WHICH RESULTED INTRO AN EX PARTE ORDER. NOW BEFORE US, IT IS VEHEMENTLY PLEADED THAT IF AN OPPO RTUNITY BE GRANTED THEN THE ASSESSEE SHALL FULLY CO-OPERATE AND GET THE APP EAL DECIDED BY LD CIT(A) AT AN EARLY DATE. 5. CONSIDERING THE TOTALITY OF THE FACTS AND CIRCUM STANCES OF THE CASE, ESPECIALLY THE NATURE OF ADDITIONS MADE AND THE ASS ESSEES CONTENTION CHALLENGING THE SAID ADDITIONS, WE HEREBY DEEM IT F IT AND PROPER AS WELL JUSTIFIABLE TO GRANT ANOTHER OPPORTUNITY BY RESTOR ING THIS ISSUE BACK TO THE FILE OF THE AO. SIDE BY SIDE, WE HEREBY DIRECT THE ASSESSEE AS WELL AS LD A.R. TO BE PRESENT BEFORE THE AO WITHIN 30 DAYS ON RECEIPT OF THIS ORDER. 3 I.T.A. NO.08/RAN/2015 ASSESSMENT YEAR :2006-07 THE ASSESSEE IS DIRECTED TO FULLY CO-OPERATE AND GE T THE ASSESSMENT ORDER DONE AFRESH AT AN EARLY DATE. LD A.R. SHALL APPEAR SUO-MOTO WITHOUT WAITING FOR ANY NOTICE FROM THE OFFICE OF THE AO. HOWEVER, THE AO IS AT LIBERTY TO PROCEED WITH THE MATTER AS PER LAW. SIN CE THE ISSUES ARE RESTORED BACK TO THE FILE OF THE AO FOR DENOVO CONS IDERATION, HENCE, THE APPEAL MAY BE TREATED AS ALLOWED BUT FOR STATISTICA L PURPOSES. 6. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSES ORDER PRONOUNCED IN THE OPEN COURT ON 02 / 3/20 16 SD/- SD/- (SHAMIM YAHYA) (PA RTHA SARATHI CHAUDHURY) ACCOUNTANT MEMBER JUDICIAL MEMBER RANCHI , DATED 02/ 03/2016 PARIDA , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT : CALVIN PLANNERS & INVESTORS PVT LTD., 48, CART SARAI ROAD, UPPER BAZAR, RANCHI 2. THE RESPONDENT: DCIT, CIRCLE-1, RANCHI 3. THE CIT(A)-RANCHI 4. CIT , RANCHI 5. DR, ITAT, RANCHI 6. GUARD FILE. BY ORDER, //TRUE COPY// SR.PRIVATE SECRETARY ITAT, RANCHI