Saroj Devi Sand, Silchar V. Incoem Tax Officer, Ward-3, Silchar

SA 02/GTY/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0136 (ITAT-GUWAHATI)
• Duration Of Justice: 4 month(s) 15 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 21-06-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 05-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Principle of natural justice; Application of stay; Set aside; Bogus
• Section: 68; 143(3); 20

Judgement Text

S.A. NO.02/GAU/2019 (IN ITA NO . 302/GAU/2018) & ITA NO. 302/GA U/2018 A.Y. 20 15-2016 SAROJ DEVI SAND, SILCHAR 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-GUWAHATI E-COURT, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A.T. VARKEY, JUDICIAL MEMBER S.A. NO. 02/GAU/2019 (ARISING OUT OF I.T.A. NO. 302/GAU/2018) ASSESSMENT YEAR: 2015-2016 & I.T.A. NO. 302/GAU/2018 ASSESSMENT YEAR: 2015-2016 SAROJ DEVI SAND,................................... ................................APPLICANT/APPELLANT M/S. STEEL AGENCIES, SONAI ROAD, SILCHAR, ASSAM-788 006 [PAN: AJBPS 2852 A] -VS.- INCOME TAX OFFICER,................................ .....................................RESPONDENT WARD-3, SILCHAR APPEARANCES BY: SHRI BABULAL JAIN, FCA, FOR THE APPLICANT/APPELLANT SHRI SANDIP SENGUPTA, JCIT , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : JUNE 14, 2019 DATE OF PRONOUNCING THE ORDER : JUNE 14, 2019 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- AT THE TIME OF HEARING OF THE STAY APPLICATION FIL ED IN THIS CASE, IT IS OBSERVED THAT THE ORDER OF THE LD. CIT(APPEALS), SH ILLONG DATED 31.08.2018 IMPUGNED IN THE CORRESPONDING APPEAL OF THE ASSESSEE BEING ITA NO. 302/GAU/2018 HAS BEEN PASSED EX-PARTE AND I N GROUND NO. 1, PRELIMINARY ISSUE IS RAISED BY THE ASSESSEE CHALLEN GING THE SAME ON THE GROUND THAT PROPER AND SUFFICIENT OPPORTUNITY OF BE ING HEARD WAS NOT GIVEN BY THE LD. CIT(APPEALS). KEEPING IN VIEW THE SAME, THE APPEAL FILED BY THE ASSESSEE ITSELF IS HEARD WITH THE CONSENT OF BOTH THE SIDES AND THE S.A. NO.02/GAU/2019 (IN ITA NO . 302/GAU/2018) & ITA NO. 302/GA U/2018 A.Y. 20 15-2016 SAROJ DEVI SAND, SILCHAR 2 SAME IS BEING DISPOSED OF AFTER CONSIDERING THE RIV AL SUBMISSIONS AND PERUSING THE RELEVANT MATERIAL AVAILABLE ON RECORD. 2. THE ASSESSEE IN THE PRESENT CASE IS AN INDIVIDUA L, WHO FILED HER RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION O N 19.09.2015 DECLARING TOTAL INCOME OF RS.6,37,600/-. IN THE SAI D RETURN, THE LONG-TERM CAPITAL GAIN AMOUNTING TO RS.50,40,340/- ARISING FR OM THE SALE OF SHARES WAS CLAIMED TO BE EXEMPT BY THE ASSESSEE. DURING TH E COURSE OF ASSESSMENT PROCEEDINGS, THE SAID CLAIM WAS EXAMINED BY THE ASSESSING OFFICER IN DETAIL. ON SUCH EXAMINATION, HE HELD THE CLAIM OF THE ASSESSEE FOR LONG-TERM CAPITAL GAIN TO BE BOGUS ON THE BASIS OF SPECIFIC ADVERSE FINDINGS RECORDED IN THE ASSESSMENT ORDER. ACCORDIN GLY AN ADDITION OF RS.50,40,340/- WAS MADE BY THE ASSESSING OFFICER TO THE TOTAL INCOME OF THE ASSESSEE UNDER SECTION 68 IN THE ASSESSMENT COM PLETED UNDER SECTION 143(3) VIDE AN ORDER DATED 22.12.2017. 3. AGAINST THE ORDER PASSED BY THE ASSESSING OFFICE R UNDER SECTION 143(3), AN APPEAL WAS PREFERRED BY THE ASSESSEE BEF ORE THE LD. CIT(APPEALS) AND SINCE THERE WAS NO SATISFACTORY CO MPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY HIM FIXING THE SAID APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(APPEALS) CON FIRMED THE ADDITION MADE BY THE ASSESSING OFFICER UNDER SECTION 68 AND DISMISSED THE APPEAL OF THE ASSESSEE VIDE HIS APPELLATE ORDER DATED 31.0 8.2018 PASSED EX- PARTE. AGGRIEVED BY THE ORDER OF THE LD. CIT(APPEAL S), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. AS SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE , ALTHOUGH THE APPEAL OF THE ASSESSEE WAS FIXED FOR HEARING BY THE LD. CIT(APPEALS) ON FOUR DIFFERENT DATES, THE APPLICATIONS WERE FILED B Y THE ASSESSEE SEEKING ADJOURNMENT ON EVERY DATE BY GIVING COGENT REASONS. HE HAS CONTENDED THAT THE LD. CIT(APPEALS) HOWEVER DID NOT GIVE ANY FURTHER OPPORTUNITY TO S.A. NO.02/GAU/2019 (IN ITA NO . 302/GAU/2018) & ITA NO. 302/GA U/2018 A.Y. 20 15-2016 SAROJ DEVI SAND, SILCHAR 3 THE ASSESSEE OF BEING HEARD AND THIS POSITION CLEAR LY EVIDENT FROM THE IMPUGNED ORDER OF THE LD. CIT(APPEALS) IS NOT DISPU TED EVEN BY THE LD. D.R. WE, THEREFORE, FIND MERIT IN THE CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE THAT THE IMPUGNED ORDER WAS PASSED BY THE LD. CIT(APPEALS) EX- PARTE DISMISSING THE APPEAL OF THE ASSESSEE WITHOUT GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD AND THERE IS A CLEAR VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. WE, THEREFORE, CONSI DER IT FAIR AND PROPER AND IN THE INTEREST OF JUSTICE TO SET ASIDE THE IMP UGNED ORDER PASSED BY THE LD. CIT(APPEALS) EX-PARTE AND REMIT THE MATTER BACK TO HIM FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON M ERIT AFTER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. AS UNDERTAKEN BY THE LD. COUNSEL FOR THE ASSESSEE, THE ASSESSEE SHALL MAKE DUE COMPLIANCE BEFORE THE LD. CIT(APPEALS) AND SHAL L EXTEND ALL THE POSSIBLE COOPERATION IN ORDER TO ENABLE THE LD. CIT (APPEALS) TO DISPOSE OF THE APPEAL AFRESH EXPEDITIOUSLY. 5. AS A RESULT OF DISPOSAL OF THE CORRESPONDING APP EAL OF THE ASSESSEE BEING ITA NO. 302/GAU/2018, THE STAY APPLICATION FI LED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND THE SAME IS ACCORDINGLY DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES, WHILE THE STAY APPLICATION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 14, 2019 . SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER V ICE-PRESIDENT (KZ) KOLKATA, THE 14 TH DAY OF JUNE, 2019 COPIES TO : (1) SAROJ DEVI SAND, M/S. STEEL AGENCIES, SONAI ROAD, SILCHAR, ASSAM-788 006 S.A. NO.02/GAU/2019 (IN ITA NO . 302/GAU/2018) & ITA NO. 302/GA U/2018 A.Y. 20 15-2016 SAROJ DEVI SAND, SILCHAR 4 (2) INCOME TAX OFFICER, WARD-3, SILCHAR (3) COMMISSIONER OF INCOME TAX (APPEALS)- ,SHIL LONG, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SR. P.S./DDO/HOO, GUWAHAT I INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.