M/s. Orisons Mining Minerals Pvt. Ltd., Bhubaneswar V. DCIT, Circle-1, Bhubaneswar

ITSSA 46/CTK/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3135 (ITAT-CUTTACK)
• Duration Of Justice: 4 year(s) 4 month(s) 9 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 22-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 12-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K GAUTAM
• Assessee Lawyers: MANOJ KUMAR PATRA
• Keywords: Search and seizure; Block assessment
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE S/ AND MANISH BORAD, ACCOUNTANT MEMBER ASSESSMENT YEAR M/S. ORISONS LTD., PLOT NO.MIG LAXMI SAGAR, BHUBANESWAR. PAN/GIR NO. (APPELLANT PER BENCH THESE ARE OF THE CIT(A)3, 2010- 2011 TO 2013 2. AT THE OUTSET, LD A.R. OF THE ASSESSEE SUBMITTED COMPANY IS ENGAGED IN THE BUSINESS OF TRANSPORTATION AND TRADING OF IRON ORES IN THE STATE OF ODISHA AND SEARCH AND SEIZURE OPERATION WAS CONDUCTED U/S.132 OF THE ACT IN THE OFFICIAL AND RESIDENTIAL PREMISES OF THE ASSESSEE COMPANY GROUP CONCERN IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK S/ SHRI CHANDRA MOHAN GARG, JUDICIAL AND MANISH BORAD, ACCOUNTANT MEMBER IT(SS) A NOS.46 TO 49 /CTK/20 ASSESSMENT YEAR S : 2010- 2011 TO 2013 MINING MINERALS PVT LTD., PLOT NO.MIG -19, STAGE-II, LAXMI SAGAR, BHUBANESWAR. VS DCIT, CENTRAL CIRCLE BHUBANESWAR. NO. AABCO 1619 B (APPELLANT ) .. ( RESPONDENT ASSESSEE BY : SHRI MANOJ KUMAR PATRA REVENUE BY : SHRI M.K.GAUTAM, DATE OF HEARING : 21 /10 / 20 DATE OF PRONOUNCEMENT : 22 / O R D E R THESE ARE APPEALS FILED BY THE ASSESSEE AGAINST THE OF THE CIT(A)3, BHUBANESWAR ALL DATED 2.1.2017 FOR THE ASSESSMENT YEARS 2011 TO 2013 -14, RESPECTIVELY. AT THE OUTSET, LD A.R. OF THE ASSESSEE SUBMITTED COMPANY IS ENGAGED IN THE BUSINESS OF TRANSPORTATION AND TRADING OF IRON ORES IN THE STATE OF ODISHA AND IS BEING ASSESSED TO INCOME TAX REGULARLY. A SEARCH AND SEIZURE OPERATION WAS CONDUCTED U/S.132 OF THE ACT IN THE OFFICIAL AND RESIDENTIAL PREMISES OF THE ASSESSEE COMPANY GROUP CONCERN P A G E 1 | 5 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND MANISH BORAD, ACCOUNTANT MEMBER /CTK/20 17 2011 TO 2013 -14 DCIT, CENTRAL CIRCLE - 1, BHUBANESWAR. RESPONDENT ) KUMAR PATRA , AR CIT (DR) / 20 21 / 10/2021 FILED BY THE ASSESSEE AGAINST THE SEPARATE ORDERS ALL DATED 2.1.2017 FOR THE ASSESSMENT YEARS AT THE OUTSET, LD A.R. OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE COMPANY IS ENGAGED IN THE BUSINESS OF TRANSPORTATION AND TRADING OF IRON IS BEING ASSESSED TO INCOME TAX REGULARLY. A SEARCH AND SEIZURE OPERATION WAS CONDUCTED U/S.132 OF THE ACT IN THE OFFICIAL AND RESIDENTIAL PREMISES OF THE ASSESSEE COMPANY GROUP CONCERN IT(SS) A NOS.46 TO 49/CTK/2017 ASSESSMENT YEARS : 2010-2011 TO 2013-14 P A G E 3 | 5 OF UNDISCLOSED INCOME BEFORE THE INVESTIGATING OFFICERS, HOWEVER, THE SAID UNDISCLOSED INCOME WERE NOT INCLUDED IN THE RETURN OF INCOME FILED U/S.153A OF THE ACT AS PRINCIPAL DIRECTORS WERE FACING JUDICIAL CUSTODY DURING THE COURSE OF BLOCK ASSESSMENT. LD A.R.SUBMITTED THAT THE LD CIT(A) HAS NOT CONSIDERED THE CONTENTIONS OF THE ASSESSEE IN RIGHT PERSPECTIVE AND CONFIRMED THE ADDITIONS MADE BY THE AO. LD A.R. FURTHER SUBMITTED THAT IF AN OPPORTUNITY IS GIVEN, THE ASSESSEE WILL FURNISH ALL THE REQUIRED DOCUMENTS AS CALLED FOR BY THE ASSESSING OFFICER TO MAKE A FRESH/DENOVO ASSESSMENT AFTER HEARING THE ASSESSEE AND ALL RELEVANT DOCUMENTS TO BE FURNISHED BEFORE HIM. 3. REPLYING TO ABOVE, LD CIT DR DUTIFULLY SUPPORTED THE ORDERS OF LOWER AUTHORITIES BUT DID NOT OBJECT TO REMIT THE MATTER BACK TO THE FILE OF THE AO FOR A DENOVO ASSESSMENT. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RECORD OF THE CASE. IN THIS CASE, A SEARCH AND SEIZURE OPERATION U/S.132 OF THE I.T.ACT WAS CONDUCTED IN THE OFFICE PREMISES AND RESIDENTIAL PREMISES OF THE ORISONS GROUP OF COMPANIES ON 11.4.2012 AS WELL AS IN THE CASE OF THE ASSESSEE. DURING THE COURSE OF SEARCH, SOME INCRIMINATING DOCUMENTS, BOOKS OF ACCOUNT, ETC, WERE FOUND AND SEIZED. NOTICE U/S.153A(1)(A) OF THE ACT WAS ISSUED ON 11.6.2014 AND DULY SERVED ON THE ASSESSEE TO FILE ITS RETURN OF INCOME FOR THE RELEVANT ASSESSMENT YEAR. IT WAS THE CONTENTION OF THE ASSESSEE THAT DURING THE COURSE OF BLOCK ASSESSMENT, THE DIRECTORS OF THE IT(SS) A NOS.46 TO 49/CTK/2017 ASSESSMENT YEARS : 2010-2011 TO 2013-14 P A G E 5 | 5 5. SINCE FACTS FOR THE ASSESSMENT YEARS 2011-12 TO 2013-14 ARE IDENTICAL, IN VIEW OUR DECISION IN ASSESSMENT YEAR 2010-11, THE APPEALS ARE RESTORED TO THE FILE OF THE AO FOR DENOVO ASSESSMENTS. 6. IN THE RESULT, APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES ORDER PRONOUNCED ON 22 /10/2021. SD/- SD/- (MANISH BORAD) (CHANDRA MOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER CUTTACK; DATED 22 /10/2021 B.K.PARIDA, SPS (OS) COPY OF THE ORDER FORWARDED TO : BY ORDER SR.PVT.SECRETARY ITAT, CUTTACK 1. THE APPELLANT : M/S. ORISONS MINING MINERALS PVT LTD., PLOT NO.MIG-19, STAGE-II, LAXMI SAGAR, BHUBANESWAR. 2. THE RESPONDENT. DCIT, CENTRAL CIRCLE - 1, BHUBANESWAR 3. THE CIT(A) - 3 , BHUBANESWAR 4. PR.CIT - 3 , BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//