ITO, WARD-2(2), JAMSHEDPUR V. M/S JAMSHEDPUR SECURITIES LTD, JAMSHEDPUR

ITA 10/RAN/2020

AI Insights

This case involves an appeal by the revenue against the order of the learned CIT(A), Jamshedpur, which quashed the assessment order for the Assessment Year 2010-11. The primary contention was regarding the grounds on which the assessee's assessment was reopened and the subsequent additions made. The revenue argued that the CIT(A)'s order lacked clarity and did not adequately address the issues of reopening and the grounds for the additions. The assessee, on the other hand, pointed out that the CIT(A) had indeed provided a clear finding against the addition made during the assessment proceedings. The Tribunal found that the CIT(A)'s order did not sufficiently address the reopening of the assessment and thus restored the matter to the CIT(A) for a detailed and reasoned order.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 633154 (ITAT-RANCHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2025
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER ITA No. 10/Ran/2020 (Assessment Year: 2010-11) I.T.O., Ward 2(2), Jamshedpur. Vs. M/s Jamshedpur Securities Ltd., 00010, Line No. 4B, Block Namda Bastee, Golmuri, Jamshedpur-831003. PAN No. AAACJ 4223 D Appellant/ Revenue Respondent/ Assessee Department represented by Smt. Rinku Singh, CIT-DR Assessee represented by Sri Sanjay Chaterjee, A.R. Date of hearing 11/06/2025 Date of pronouncement 11/06/2025 O R D E R PER: BENCH 1. This is an appeal filed by the revenue against the order of the learned CIT(A), Jamshedpur in appeal No. CIT(A), Jamshedpur/10397/2017-18 dated 27/11/2019 for the A.Y. 2010-11. 2. Smt. Rinku Singh, ld. CIT-DR is represented on behalf of the revenue and Shri Sanjay Chatarjee, ld A.R. is represented on behalf of the assessee. 3. It was submitted by the ld. CIT-DR that the ld. CIT(A) has quashed the assessment order. It was a submission that the allegation is that the assessee has reopened on one ground and that the addition made on another ground. It was a prayer that the order of the ld. CIT(A) was not speaking and was not giving any clarity in regard to the reopening. It is a prayer that the issues may be restored to the file of ld. CIT(A) for passing a proper speaking order and giving a proper finding. ITA No. 10/Ran/2020 ITO Vs M/s Jamshedpur Securities Ltd. 2 4. In reply, the ld. AR drew our attention to page No. 18 of the order of ld. CIT(A) wherein the ld. CIT(A) has given a finding that \"in view of the forgoing discussion, and respectfully following the ratio as laid down in the cases quoted above, I am of the opinion that the addition of ₹ 6,83,68,918/- made during the assessment proceedings is not tenable and therefore, the same is deleted. In the result, appeal of the assessee is allowed.\" It was a submission that there is a clear finding of the ld. CIT(A). 5. We have considered the rival submissions. A perusal of the conclusion portion of the ld. CIT(A) shows that he has started his conclusion at page No. 11 of his order. He has discussed in depth various case laws in respect of the reopening of the assessment as he has done no discussion in regard to the addition per se. However, in the closure of his order, he does not give any finding in regard to the various issues of reopening that he has discussed from pages 11 to 18 but has surprisingly shifted his finding in regard to the addition per se. Clearly the findings of the ld. CIT(A) deleting the addition is without any reason and also there is no finding in regard to the issue of reopening as discussed in detail by the ld. CIT(A). This being so, the issues in this appeal are restored to the file of ld. CIT(A) for passing a proper speaking order on the issues in appeal. 6. In the result, this appeal of the revenue is partly allowed for statistical purposes. Order announced in open court on 11th June, 2025. Sd/- Sd/- (RATNESH NANDAN SAHAY) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi, Dated: 11/06/2025 *Ranjan Copy to: ITA No. 10/Ran/2020 ITO Vs M/s Jamshedpur Securities Ltd. 3 1. Assessee 2. Revenue 3. CIT 4. DR By order 5. Guard File Sr. Private Secretary, ITAT, Ranchi "