ITO, CHENNAI V. N.George Thomas, CHENNAI

ITA 934/CHNY/2014

• Counselvise Citation: 93421714 RSA 2014
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-10-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 02-08-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 15-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURU BASHYAMJCIT
• Assessee Lawyers: S SRIDHAR
• Keywords: Additional evidence
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . , . . , BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S.GODARA, JUDICIAL MEMBER ./ I.T.A.NO.934/MDS./2014 ( / ASSESSMENT YEAR : 2009-10) INCOME-TAX OFFICER, BUSINESS WARD-XIII(3), 121,MAHATMA GANDHI SALAI, NUNGAMBAKKAM, CHENNAI 600 034. VS. SHRI N.GEORGE T HOMAS , M/S.CARTS INDIA, SP 2C/10,THIRD MAIN ROAD, AMBATTUR INDUSTRIAL ESTATE, CHENNAI 600 058. PAN AEQPG 6862 G ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : MR.GURU BASHYAM,JCIT D.R. !' / RESPONDENT BY : MR.S.SRIDHAR,ADVOCATE # $% / DATE OF HEARING : 11.09.2014 &' $% /DATE OF PRONOUNCEMENT : 21.10.2014 ! / O R D E R PER A.MOHAN ALANKAMONY , ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY THE REVENUE, AGGRIEVED BY THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-VI I, CHENNAI DATED 19.12.2013 IN ITA NO.955/13-14 PASSED UNDE R SECTION 143(3) AND SECTION 250 OF THE INCOME-TAX ACT, 1961. ITA NO.934 /MDS/14 2 2. THE ASSESSEE HAS RAISED THREE GROUNDS IN ITS AP PEAL WHILE AS THE LONE ISSUE WHICH SURVIVES FOR ADJUDICATION IS T HAT THE LD. CIT (A) HAD ERRED IN DELETING THE ADDITION MADE BY THE LD. ASSESSING OFFICER OF ` 30,18,079/- TOWARDS SUNDRY DEBTORS AND SUNDRY CREDI TORS. 3. THE ASSESSEE IS AN INDIVIDUAL, ENGAGED IN THE BUSINESS OF MANUFACTURING OF CARTS USED IN SUPER MARKETS IN THE NAME M/S.CARTS INDIA, FILED HIS RETURN OF INCOME 30.09.2009 DECLAR ING AN INCOME OF ` 4,50,720/- FOR THE ASSESSMENT YEAR 2009-10. THE CA SE WAS SELECTED FOR SCRUTINY UNDER CASS AND FINALLY ASSESS MENT WAS COMPLETED VIDE ORDER DATED 30.12.2011 WHEREIN THE L D. ASSESSING OFFICER DETERMINING THE TOTAL INCOME AT ` 1,15,65,300/-, AFTER MAKING CERTAIN ADDITIONS. WHEN THE MATTER REACHED THE LD. CIT (A), THE LD. CIT (A) DELETED THE ADDITION OF ` 79,60,016 OUT OF THE TOTAL ADDITION OF ` 1,11,14,580/- AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE AND REMAND REPORT OF THE ASSESSING OFFICER. ON THE BA LANCE AMOUNT OF ` 31,54,564/- (SUNDRY DEBTORS ` 17,91,279/- BEING AN AMOUNT DUE FROM M/S.HOME STORE S INDIA LTD. AND OTHERS & SUNDRY CREDITORS ` 13,63,285/- BEING THE UN-RECONCILED SUNDRY CREDITOR S VIZ. M/S.MILTON METALS AND OTHERS ) , LD. CIT (A) WITHOUT OBTAINING THE REMAND ITA NO.934 /MDS/14 3 REPORT AND BASED ONLY ON THE SUBMISSIONS AND EXPLA NATIONS OF THE ASSESSEE DELETED AN AMOUNT OF ` 30,18,079/- AND SUSTAINED THE ADDITION OF ` 1,36,485/-. 4. AT THE OUTSET THE LD. D.R SUBMITTED THAT THE LD . CIT (A) HAD DELETED THE ADDITION OF ` 30,18,079/- BY ADMITTING THE ADDITIONAL EVIDENCES AND WITHOUT AFFORDING OPPORTUNITY TO THE LD. ASSESSING OFFICER TO EXAMINE THE EVIDENCES PRODUCED BY THE AS SESSEE IN ACCORDANCE WITH RULE 46A OF THE I.T.RULES. LD. D.R THEREFORE PRAYED THAT THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE LD. ASSESSING OFFICER SO THAT THE LD. ASSESSING OFFICER CAN EXAMI NE THE EVIDENCE ADDUCED BY THE ASSESSEE FOR ` 30,18,079/- AND PASS APPROPRIATE ORDER AS PER MERITS. THOUGH THE LD. A.R. OPPOSED T O THE SUBMISSIONS OF THE LD. D.R, HE COULD NOT SUCCESSFULLY CONTROVER T TO THE SUBMISSIONS MADE BY THE LD. A.R. 5. AFTER HEARING BOTH SIDES WE FIND MERITS IN THE ARGUMENTS MADE BY THE LD. D.R. WITH RESPECT TO THE ADDITIONS OF ` 31,54,564/-. THE LD. CIT (A) OUGHT TO HAVE OBTAINED A REMAND REPORT FROM THE LD. ITA NO.934 /MDS/14 4 ASSESSING OFFICER WITH RESPECT TO THE FRESH EVIDENC ES FILED BY THE ASSESSEE BEFORE HIM FOR THE FIRST TIME. IN THE INS TANT CASE, THE LD. ASSESSING OFFICER IS DEPRIVED OF THE OPPORTUNITY TO EXAMINE THE EVIDENCES ADDUCED BY THE ASSESSEE, WHICH IS AGAINST THE RULE 46A OF THE INCOME TAX RULES, 1962. THEREFORE, WE REMIT BACK THE ISSUE WITH RESPECT TO THE ADDITION OF ` 31,54,564/- BACK TO THE FILE OF THE LD. ASSESSING OFFICER FOR FRESH CONSIDERATION. 6. IN THE RESULT, THE APPEAL OF REVENUE IS ALLOWED FOR STATISTICAL PURPOSES ORDER PRONOUNCED ON 21 ST OCTOBER, 2014 AT CHENNAI. SD/- SD/- (S.S.GODARA ) (A.MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 21 OCTOBER, 2014. K S SUNDARAM. () !$*+ ,+$ /COPY TO: 1. /APPELLANT 2. !' /RESPONDENT 3. # -$ () /CIT(A) 4. # -$ /CIT 5. +01 !$ /DR 6. 12 3 /GF