M/s. Ram Dev Rice Pvt. Ltd., Haryana V. ACIT, Karnal

ITA 903/DEL/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1687 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2006-2007
• Appeal Filed On: 16-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Section: 143(3); 13

Judgement Text

ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 1 OF 41 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: F: NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 903/DEL/2017 ( ASSESSMENT YEAR: 2006-07) M/S RAM DEV RICE PVT. LTD., KARNAL VS. ACIT, CIRCLE, KARNAL. PAN NO: AACCR7125A APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI SURENDER PAL, SR. DR ORDER PER ANADEE NATH MISSHRA, AM [A] THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED APPELLATE ORDER DATED 17.11.2016 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS), KARNAL, [IN SHORT, LD.CIT(A)] PERTAINING TO ASSESSMENT YE AR 2006-07. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AS WELL AS IN THE LAW THE RE-OPENING OF ASSESSMENT IS BAD IN LAW, AB INITIO V OID AND WITHOUT JURISDICTION. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AS WE LL AS IN THE LAW THE LD. COMMISSIONER OF INCOME TAX APPEALS GROSSLY ERRED IN UPHOLDING ADDITION OF RS. 90,00,000/- MADE U/S 68 OF THE INCOME TAX ACT, 1961. ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 2 OF 41 3. THE APPELLANT CRAVE LEAVE TO ADD/ DELETE/ ALTER OR MODIFY ANY OR ALL GROUNDS OF APPEAL. THESE ACTION OF LD. INCOME TAX AUTHORITIES BELOW B EING ARBITRARY, UNJUST AND INVALID IN THE LAW LIABLE TO THE QUASHED AND IT IS PRAYED TO YOUR HONOR THAT THEY PLEASE BE QUASHED AND / OR ANY OTHER RELIEF JU ST DEEM FIT AND PROPER PLEASE BE DIRECTED. APPELLANT PRAY ACCORDINGLY. [B] VIDE ASSESSMENT ORDER DATED 31.03.2014 PASSED UNDE R SECTION 143(3) / 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). THE RELEVANT PORTION OF THE ASSESSMENT ORDER DATED 31.03.2014 IS REPRODUCED AS UNDER:- ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 3 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 4 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 5 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 6 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 7 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 8 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 9 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 10 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 11 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 12 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 13 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 14 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 15 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 16 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 17 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 18 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 19 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 20 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 21 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 22 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 23 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 24 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 25 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 26 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 27 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 28 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 29 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 30 OF 41 [C] THE ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A). V IDE IMPUGNED APPELLATE ORDER DATED 17.11.2016, THE LD. CIT(A) DISMISSED THE ASSE SSEES APPEAL. THE RELEVANT PORTION OF THE ORDER DATED 17.11.2016 OF THE LD. CIT(A) IS RE PRODUCED AS UNDER: ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 31 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 32 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 33 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 34 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 35 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 36 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 37 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 38 OF 41 ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 39 OF 41 [D] THIS PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE AFORESAID IMPUGNED APPELLATE ORDER DATED 17.11.2016 OF THE L D. CIT(A). AT THE TIME OF HEARING, REVENUE WAS REPRESENTED BY SHRI SURENDER PAL, THE L EARNED SENIOR DEPARTMENTAL REPRESENTATIVE (LD. SR. DR, FOR SHORT). HOWEVER, NONE WAS PRESENT FROM THE ASSESSEES SIDE. IN THE ABSENCE OF ANY REPRESENTA TION FROM ASSESSEES SIDE, AT THE TIME OF HEARING BEFORE US, WE HEARD THE LD. SR. DR; WHO RELIED UPON THE ORDER DATED 31.03.2014 OF THE ASSESSING OFFICER AND THE AFORESA ID IMPUGNED ORDER DATED 17.11.2016 OF THE LD. CIT(A). AFTER PERUSAL OF THE MATERIALS ON RECORD, INCLUDING THE ORDER OF THE AO AND THE AFORESAID IMPUGNED ORDER DA TED 17.11.2016 OF THE LD. CIT(A), WE FIND THAT THE LD. CIT(A) HAS PASSED SPEAKING ORD ER ON MERITS. RELEVANT PORTION OF THE IMPUGNED ORDER OF THE LD. CIT(A) HAS ALREADY BE EN REPRODUCED IN FOREGOING PARAGRAPH [C] OF THIS ORDER. WE FIND THAT THE LD. CIT(A) HAS GIV EN DETAILED REASONS FOR HIS DECISION ON MERITS IN THE AFORESAID IMPUGNED AP PELLATE ORDER DATED 17.11.2016 OF ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 40 OF 41 LD. CIT(A). DURING APPELLATE PROCEEDINGS IN INCOME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) NO MATERIAL HAS BEEN BROUGHT FOR OUR CONSIDE RATION TO PERSUADE US TO TAKE A VIEW DIFFERENT FROM THE VIEW TAKEN BY THE LD. CIT(A) IN THE IMPUGNED ORDER ON MERIT. AFTER HEARING THE LD. SR. DR AND AFTER PERUSAL OF MATERIA LS ON RECORD, AND FURTHER, IN VIEW OF THE FOREGOING DISCUSSION, WE DECLINE TO INTERFERE W ITH THE AFORESAID IMPUGNED APPELLATE ORDER DATED 17.11.2016 OF LD. CIT(A), AND ACCORDIN GLY, THIS APPEAL IS DISMISSED. [E] BEFORE WE PART; WE EXPLICITLY CLARIFY THAT THE ASSESSEE WILL BE AT LIBERTY TO APPROACH ITAT FOR RESTORATION OF THE APPEAL IN ACCO RDANCE WITH PROVISO TO RULE 24 OF INCOME TAX (APPELLATE TRIBUNAL), RULES, 1963. IF THE ASSESSEE DOES APPROACH ITAT FOR RESTORATION OF THE APPEALS I N ITAT, THE MATTER WILL BE CONSIDERED IN ACCORDANCE WITH LAW HAVING REGARD TO THE FACTS AND CIRCUMSTANCES. [F] IN THE RESULT, APPEAL FILED BY ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 12/12/2019. SD/- SD/- (AMIT SHUKLA) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUN TANT MEMBER DATED: 12/12/2019 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.- 903/DEL/2017. RAMDEV RICE PVT. LTD. PAGE 41 OF 41 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER