M/s Mayur Sheet Grah Pvt. Ltd., Agra V. I.T.O.-4(3), Agra

ITA 92/AGR/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 72803 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 27-02-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 12-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANURADHA
• Assessee Lawyers: SHASHANK AGARWAL
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NOS.92 & 93/AGRA/2012 ASSESSMENT YEARS: 2007-08 & 2008-09 M/S MAYUR SHEETGRAH P. LTD., VS. INCOME TAX OFFIC ER 4(3), C-34, KAMLA NAGAR, AGRA. AGRA. (PAN AADCM 9042 Q). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHASHANK AGARWAL, ADVOCATE. RESPONDENT BY : SMT. ANURADHA, JR. D.R. DATE OF HEARING : 27.02.2014 DATE OF PRONOUNCEMENT : 28.02.2014 ORDER PER PRAMOD KUMAR, ACCOUNTANT MEMBER: BY WAY OF THESE APPEALS THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF THE EX-PARTE ORDERS DATED 15.12.2011 & 14.12.2011 P ASSED BY THE LD. CIT(A)-II, AGRA IN THE MATTER OF ASSESSMENT UNDER SECTION 144 OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEARS 2007-08 & 2008-09 RESPECTI VELY. 2. THE GRIEVANCES RAISED BY THE ASSESSEE ARE AS FOL LOWS :- 1. BECAUSE THE AUTHORITIES BELOW HAVE BEEN ARBITRA RY AND UNJUST IN ESTIMATING THE ASSESSEES INCOME AT 19,59,200/- BY PASSING EXPARTE ORDERS. THE ADDITIONS MADE TO THE INCOME RETURNED ARE LIABLE TO BE DELETED. ITA NOS.92 & 93/AGRA/2012 A.YS. 2007-08 & 2008-09 2 2. BECAUSE THE ESTIMATION OF RECEIPTS FROM HIRING C HARGES OF POTATOES AND FROM CHILLING PLANT AT 67,00,705/- AND 4,57,063/- RESPECTIVELY ARE HIGHLY EXCESSIVE AND ARE LIABLE TO BE REDUCED. 3. BECAUSE THE INCOME FROM INTEREST ON LOAN TO FARM ERS HAS BEEN ASSESSED WITHOUT ANY BASIS. THE SAME IS LIABLE TO BE DELETED. 4. BECAUSE THE TRUE FACTS AND CIRCUMSTANCES OF THE CASE HAVE NOT BEEN CONSIDERED WHILE PASSING EXPARTE ORDERS. 3. WHEN APPEAL WAS TAKEN UP FOR HEARING, IT WAS NOT ICED THAT THE LD CIT(A) HAS PASSED THE EX-PARTE ORDERS. THE LD. COUNSEL APPEAR ING BEFORE US PRAYED FOR RESTORATION OF THE ORDER TO THE FILE OF LD. CIT(A) FOR ADJUDICATION DE NOVO AFTER GIVING YET ANOTHER OPPORTUNITY OF HEARING TO THE AS SESSEE AND HE FURTHER PRAYED THAT IN THE EVENT THE MATTER BEING RESTORED TO THE FILE OF LD CITA HE WILL FULLY CO OPERATE FOR EXPEDITIOUS DISPOSAL OF THE APPEAL BY EXTENDING HIS FULL CO OPERATION. 4. LD. DEPARTMENTAL REPRESENTATIVE DOES NOT SPECIFI CALLY OPPOSE THIS PRAYER BUT HE RELIED UPON THE ORDERS OF THE AUTHORITIES BELOW. 5. IN VIEW OF THE ABOVE DISCUSSION AS ALSO BEARING IN MIND THAT THE IMPUGNED ORDER PASSED BY THE LD. CIT(A) IS INDEED EX-PARTE O RDER AND THAT THE LE COUNSEL FOR THE ASSESSEE HAS ASSURED HIS FULL CO OPERATION IN E XPEDITIOUS DISPOSAL OF APPEAL, WE ARE OF THE CONSIDERED VIEW THAT THE ENDS OF JUSTICE WILL BE MET BY RESTORING THIS ITA NOS.92 & 93/AGRA/2012 A.YS. 2007-08 & 2008-09 3 MATTER TO THE FILE OF LD CIT(A) FOR ADJUDICATION DE NOVO AFTER GIVING YET ANOTHER OPPORTUNITY OF HEARING TO THE ASSESSEE. 6. WHILE DOING SO, THE LD CIT(A) SHALL DECIDE THE M ATER IN ACCORDANCE WITH LAW BY WAY OF A SPEAKING ORDER AND AFTER PROPERLY DEALI NG WITH ALL SUCH CONTENTIONS OF THE ASSESSEE AS THE ASSESSEE MAY TAKE. WE DIRECT S O. 7. IN THE RESULT, BOTH THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES IN THE TERMS INDICATED AS ABOVE. (ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH FEBRUARY, 2014) SD/- SD/- (BHAVNESH SAINI) (PRAMOD KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 28 TH FEBRUARY, 2014 PBN/* COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, AGRA TRUE COPY