ITO, Nabha V. M/s Khalsa Agro Industries, Nabha

ITA 819/CHANDI/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8627 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 01-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDRA KANTA
• Keywords: Gross profit estimation; Additional evidence

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, A, CHANDIGARH , . '.., # $, %& BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ./ ITA NO. 819/CHD/2018 / ASSESSMENT YEAR : 2010-11 THE ITO, NABHA M/S KHALSA AGRO INDUSTRIES, NEAR ROHTI PULL, BHADSON ROAD, NABHA ./PAN NO: AAIFK9938M / APPELLANT /RESPONDENT ! /ASSESSEE BY : NONE ' ! / REVENUE BY : SMT. CHANDRAKANTA, SR.DR # $ % /DATE OF HEARING : 28.11.2018 &'() % / DATE OF PRONOUNCEMENT : 13.12. 2018 %'/ ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENU E AGAINST THE ORDER DATED 19.3.2018 OF THE COMMISSIONER OF INCOME TAX (APPEALS), PATIALA [HEREINAFTER REFERRED TO AS CIT(A)]. 2. IN THIS APPEAL, THE REVENUE IS AGGRIEVED BY THE ACTION OF THE CIT(A) IN DELETING CERTAIN ADDITIONS MADE BY THE ASSESSING OFFICER ON ACCOUNT OF LOW GP RATE AND ON ACCOUNT OF SUNDRY CREDITORS, ON THE BASIS OF ADDITIONAL EVIDENCE SUBMITTED BY THE ASSESSEE DURING APPELLATE PROCEEDINGS. 3. THE ASSESSING OFFICER MADE THE IMPUGNED ADDITION S ON ACCOUNT OF FAILURE OF THE ASSESSEE TO FURNISH THE RELEVANT EVI DENCE IN SUPPORT OF ITS CLAIM. BEFORE THE LD. CIT(A), THE ASSESSEE SUBMITT ED CERTAIN ADDITIONAL EVIDENCES WHICH WERE ADMITTED BY THE LD. CIT(A) UND ER RULE 46A OF THE ITA NO. 819/CHD/2018- M/S KHASLSA AGRO INDUSTRIES, NABHA 2 INCOME TAX RULES, 1962. THE LD. CIT(A), THEREAFTER CALLED FOR REMAND REPORT OF THE ASSESSING OFFICER IN RESPECT OF THE E VIDENCES AND DETAILED SUBMISSIONS MADE BY THE ASSESSEE DURING THE APPELLA TE PROCEEDING BEFORE HIM. THE LD. ASSESSING OFFICER AFTER CONSIDERING TH E SAID ADDITIONAL EVIDENCES GOT SATISFIED ABOUT THE CLAIM OF THE ASSE SSEE AND ACCORDINGLY SUBMITTED THE REMAND REPORT IN FAVOUR OF THE ASSESS EE. THE LD. CIT(A) ON THE BASIS OF SAID REMAND REPORT OF THE ASSESSING OF FICER ALLOWED THE CLAIM OF ASSESSEE AND DELETED THE IMPUGNED ADDITIONS. SIN CE THE ADDITIONAL EVIDENCES SUBMITTED BY THE ASSESSEE HAVE BEEN DULY CONFRONTED TO THE ASSESSING OFFICER AND THE ASSESSING OFFICER AFTER C ONSIDERING THE SAME HAS GIVEN REPORT ADMITTING THE CLAIM OF THE ASSESSEE TO BE CORRECT, UNDER THE CIRCUMSTANCES, IN OUR VIEW, NO PREJUDICE IS CAUSED TO THE REVENUE. THERE IS NO MERIT IN THE APPEAL OF THE REVENUE AND THE SAME IS ACCORDINGLY DISMISSED. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.12.2018 SD/- SDT/- ( ' . . , # $ / B.R.R. KUMAR) %& / ACCOUNTANT MEMBER ( / SANJAY GARG ) / JUDICIAL MEMBER DATED : 13.12.2018 .. '+ ,- .- / 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