Sri Venkateshwar Buildcon Pvt. Ltd, Cuttack V. ACIT Central Circle, Cuttack

ITSSA 2/CTK/2023

AI Insights

The case involves Sri Venkateshwar Buildcon Pvt. Ltd, the appellant, contesting an order from the CIT(A)-2, Bhubaneswar, regarding the assessment year 2014-2015. The primary contention revolves around the legality of the search conducted under section 132 of the Income Tax Act, which was based on a warrant not issued in the name of the assessee, and the subsequent assessment order under section 153A, which the assessee claimed was illegal and without jurisdiction. Additionally, the assessee challenged the addition of Rs.78,00,000 made by the Assessing Officer without providing seized documents. The Tribunal, after hearing the arguments, decided to restore the legal issues to the CIT(A) for a thorough re-examination, despite the assessee's previous non-compliance on merits.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127099 (ITAT-CUTTACK)
• Duration Of Justice: 4 month(s) 28 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 27-06-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 27-06-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 30-01-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अऩीऱीय अधधकरण, कटक न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK श्री जाजज माथन, न्याययक सदस्य एवं श्री राजेश क ु मार, ऱेखा सदस्य के समक्ष । (THROUGH VIRTUAL HEARING) BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER IT(SS)A N o.02/C TK /2023 (ननधाारण वषा / Asses s m ent Year : 2014-2015) Sri Venkateshwar Buildcon Pvt. Ltd At-Kazi bazaar, PO: Chandini Chowk, Cuttack-753002 Vs ACIT, Central Circle, Cuttack PAN No. :AALCS 3380 H (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee by : Shri S.K.Sarangi, CA राजस्व की ओर से /Revenue by : Shri M.K.Gautam, Pr.CIT(OSD) स ु नवाई की तारीख / Date of Hearing : 28/06/2023 घोषणा की तारीख/Date of Pronouncement : 28/06/2023 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A)-2, Bhubaneswar, dated 06.12.2022, passed in I.T.Appeal No.Bhubaneswar-2/11013/2017-18, for the assessment year 2014-2015. 2. At the time of hearing, it was fairly submitted by the ld. AR that grounds No.2 & 3, which have been raised in the appeal before the Tribunal are legal grounds, were not raised before the ld. CIT(A). it was the submission that these being legal grounds, the same may be adjudicated. It was also fairly submitted that he had no objection if the issues would be restored to the file of ld. CIT(A) for specific adjudication of the lower authorities. 3. In reply, ld CIT-DR did not raise any serious objection. IT(SS)A No.02/CTK/2023 2 4. In view of the above, the ground Nos.2 & 3 being legal grounds, are admitted and deserve to be restored to the file of ld. CIT(A) for adjudication. The grounds raised are as follows :- 1. For that order u/s-250 of the LT. Act, dt.06.12.2022 as passed by the Ld. C I T (A) - 2, Bhubaneswar is illegal and not justified on the facts and circumstances of the case. 2. For that search conducted u/s-132 of the I. T. Act, on the basis of search warrant which is not in the name of the assessee and consequential assessment order passed u/s-153A of the LT. Act, is illegal and without jurisdiction and liable to be quashed on the facts and in the circumstances of the case. 3. For that the issue and service of assessment order on 01.01.2018 passed u/s-153A of the 1. T. Act is illegal and barred by limitation and liable to be quashed on the facts and in the circumstances of the case . 4. For that Ld. C I T CA) should not have confirmed the addition of Rs.78,00,000/- as made by the Ld. A.O without providing seized documents to the assessee on the facts and in the circumstances of the case. 5. In these circumstances, the said issues are restored to the file of ld. CIT(A) for readjudication. It is also noticed that the ld. CIT(A) has granted substantial opportunities to the assessee but there has been no compliance by the assessee on merits also. This being so, even on merits, the issues are restored to the file of ld. CIT(A) for readjudication. 6. In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 28/06/2023. Sd/- (राजेश क ु मार) (RAJESH KUMAR) Sd/- (जाजज माथन) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 28/06/2023 Prakash Kumar Mishra, Sr.P.S. IT(SS)A No.02/CTK/2023 3 आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : आदेशान ु सार/ BY ORDER, (Assistant Registrar) आयकर अऩीऱीय अधधकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- Sri Venkateshwar Buildcon Pvt. Ltd At-Kazi bazaar, PO: Chandini Chowk, Cuttack- 753002 2. प्रत्यथी / The Respondent- ACIT, Central Circle, Cuttack 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ज पाईऱ / Guard file. सत्यावऩत प्रयत //True Copy//