SHRI RAKESH AGARWAL,NAGAON vs. INCOME TAX OFFICER, WARD-2, NAGAON

आदेश/O R D E R PER BENCH:-

This assessee’s appeal for assessment year 2015-16 arises against the Commissioner of Income Tax (Appeals)-Guwahati-1’s order dated 24.09.2018 passed in case No.381409331310118/114 involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused. 2. It transpires during the course of hearing that the instant lis involves the assessee’s sole substantive grievance canvassed in his pleadings that the learned lower authorities have wrongly made sec.115JC(2) computation regarding the cash payments for purchasing soil for the purpose of brick production in the kiln question. Learned counsel’s sole argument raised during the course of hearing is that such soil and other materials purchased through

ITA No.356/Gau/2018 A.Y. 2015-16 Page 2 Rakesh Agarwal Vs. ITO Wd-22, Nagaon cash does not come within the purview of impugned disallowance provision. The Revenue’s case on the other hand is that the assessee has not raised such a ground either in the instant appeal or before the CIT(A). The assessee at this stage quotes hon’ble apex court’s decision in NTPC vs. CIT (1998) 229 ITR 383 (SC) settling the law that we can very well entertain such a new question in respect of appellate proceeding. Be that as it may, the fact remains that the assessee had not agigated the instant legal/technical issue in the lower appellate proceedings. We therefore remit the instant lis back to the CIT(A) for afresh adjudication regarding applicability of sec.40A(3) disallowance qua the assessee’s cash purchases for the purpose of his brick kiln production as per law. 3. This assessee’s appeal is allowed for statistical purposes in foregoing terms. Order pronounced in the open court 03/07/2019 Sd/- Sd/- (लेखा   �è�) (Û�ȡǓ���  �è�) ( A.L.Saini) (S.S.Godara) (Accountant Member) (Judicial Member) Guwahati, *Dkp Ǒ��ȡȲ�Ȭ- 03/07/2019 गू�ȡ¡ ȡ�Ȥ । आदेश�ȧ ĤǓ�ͧ�ͪ�\ Ē ȯͪ��/ Copy of Order Forwarded to:- 1. \ �Ȣ�ȡ�ȸ/Appellant-Rakesh Agarwal, C/o Satyyanarayan Agarwal, Dacapatty, Nagaon 2. Ĥ×��ȸ/Respondent-ITO Wd-2, Aayakar Bhawan, Nagaon, Asasm 3.   Ȳ�Ȳͬ���] ����] �ǕÈ��Ǚ�ȡ¡ ȡ�Ȥ/ Concerned CIT Guwahati 4. ] ����] �ǕÈ�- अपील/ CIT (A) Guwahati 5. ͪ��ȡ�Ȣ��ĤǓ�Ǔ�ͬ�, ] ����\ �Ȣ�ȣ��\ ͬ����, गू�ȡ¡ ȡ�Ȥ��Ȳ��Ȣ�/ DR, ITAT, Guwahati 6. �ȡ�[��ȡ^�/ Guard file. By order/आदेश से, /True copy/ Sr. Private Secretary (on tour) ] ����\ �Ȣ�ȣ��\ ͬ����, गू�ȡ¡ ȡ�Ȥ ।