DCIT, Corporate Circle-1(1), Bhubaneswar V. D.N.Rao, Bhubaneswar

ITSSA 21/CTK/2016

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3737 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 12-04-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 11-04-2018
• Assessment Year: 2007-2008
• Appeal Filed On: 19-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHIT KUMAR MOHAPATRA
• Assessee Lawyers: S C BHADRA
• Keywords: Assessment record

Judgement Text

1 IT(SS)A NO.21/CTK/2016 ASSESSMENT YEAR : 2007 - 2008 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER IT (SS) A NO .21 /CTK/201 6 ASSESSMENT YEAR : 20 0 7 - 200 8 D CIT, CORPORATE CIRCLE 1(1), BHUBANESWAR. VS. SHRI D.N.RAO, HIG - 5, PHASE - 1, BDA DUPLEX, POKHARIPUT, AERODROME AREA, BHUBANESWAR, PAN/GIR NO. AAYPD 9891 L (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI S.C.BHADRA, AR REVENUE BY : SHRI ASHIT KUMAR MOHAPATRA , CIT DR DATE OF HEARING : 1 1 / 0 4 / 201 8 DATE OF PRONOUNCEMENT : 12 / 0 4 / 201 8 O R D E R PER N.S.SAINI, AM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) - 1, BHUBANESWAR DATED 1.2.2016 FOR THE ASSESSMENT YEAR 2007 - 08. 2. THE SOLE ISSUE INVOLVED IN THE GROUNDS OF APPEAL OF THE REVENUE IS THAT THE CIT(A) ERRED IN QUASHING THE ASSESSMENT ORDER PASSED U/S.153C/143(3) OF THE ACT MADE BY THE ASSESSING OFFICER ON THE GROUND THAT NO SATISFACTION WAS RECORDED BY THE ASSESSING OFFICER OF THE SEARCH PERSON TO THE EFFECT THAT THE RELEVANT BOOKS OF ACCOUNT BASED ON WHICH PROCEEDINGS U/S.153C WERE INITIATED BELONGED TO THE ASSESSEE. 2 IT(SS)A NO.21/CTK/2016 ASSESSMENT YEAR : 2007 - 2008 3. AT THE TIME OF HEARING, SHRI A.K.MOHAPATRA, CIT (DR) PRODUCED BEFORE US THE ASSESSMENT RECORDS TO DEMONSTRATE TH AT SATISFACTION ENVISAGED U/S.153C OF THE ACT WAS RECORDED BEFORE THE PROCEEDINGS WERE UNDERTAKEN FOR ASSESSMENT IN THE CASE OF THE ASSESSEE. HE ALSO FILED COPY OF THE ORDERS SHEET ENTRY RECORDING THE SATISFACTION NOTE. 4. THE SAME WAS CONFRONTED TO LD A. R. OF THE ASSESSEE, SHRI S.C.BHADRA, WHO ALSO AGREED TO THE SAME. 5. IN VIEW OF ABOVE, WE SET ASIDE THE ORDER OF THE CIT(A) AND REMAND THE MATTER BACK TO HIS FILE TO ADJUDICATE THE ISSUES RAISED IN THE APPEAL OF THE ASSESSEE ON MERITS OF THE ADDITIONS AFTE R ALLOWING REASONABLE AND PROPER OPPORTUNITY OF HEARING TO THE ASSESSEE. THUS, THE GROUNDS OF APPEAL RAISED BY THE REVENUE ARE ALLOWED. 6. IN THE RESULT, APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 12 / 0 4 /201 8 . S D/ - SD/ - ( PAVAN KUMAR GADALE) ( N.S SAINI) JUDICIALMEMBER A CCOUNTANT MEMBER CUTTACK; DATED 12 / 0 4 /201 8 B.K.PARIDA, SPS 3 IT(SS)A NO.21/CTK/2016 ASSESSMENT YEAR : 2007 - 2008 COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, CUTTACK 1. THE APPELLANT : DCIT, CORPORATE CIRCLE 1(1), BHUBANESWAR 2. THE RESPONDENT. SHRI D.N.RAO, HIG - 5, PHASE - 1, BDA DUPLEX, POKHARIPUT, AERODROME AREA, BHUBANESWAR 3. THE CIT(A) - 1, BHUBANESWAR 4. PR.CIT - 1, BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//