SHREE BALAJI INDUSTRIES,TONK vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7, JAIPUR

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ITA 780/JPR/2017Status: DisposedITAT Jaipur12 February 2018AY 2010-114 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that in the interest of justice, the matter needed to be re-examined by the CIT(A). Therefore, the issues were restored to the file of the CIT(A) for a de novo decision.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2010-11. The assessee contended that the CIT(A) passed an ex parte order without providing adequate opportunity of being heard.

What were the issues?

Whether the CIT(A) passed an ex parte order without affording adequate opportunity of being heard to the assessee. Whether the disallowances and additions made were justified.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 80IB,Section 234B,Section 234C,Section 234D

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR

Before: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, AM vk;dj vihy la-@ITA No. 780/JP/2017

For Appellant: Shri Mahendra Gargieya (Adv) jktLo dh vksj ls@
Hearing: 15/02/2018Pronounced: 16/02/2018

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh Hkkxpan] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, AM vk;dj vihy la-@ITA No. 780/JP/2017 fu/kZkj.k o"kZ@Assessment Year : 2010-11 cuke M/s Shree Balaji Industries, Asstt. Commissioner of Vs. F-79, Industrial Area, Newai, Income Tax, Tonk. Circle-7, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAXFS 4654 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya (Adv) jktLo dh vksj ls@ Revenue by : Shri A.S. Nehra. lquokbZ dh rkjh[k@ Date of Hearing : 15/02/2018 mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 16/02/2018 vkns'k@ ORDER

PER: BHAGCHAND, A.M.

This is an appeal filed by the assessee emanates from the order

of the ld. CIT(A)-3, Jaipur dated 17/08/2017 for the A.Y. 2010-11,

wherein the assessee has raised following grounds of appeal:- “1. The impugned additions and disallowances made in the order u/s 143(3) of the Act dated 17.08.2017 are bad in law and on facts of the case, for want of jurisdiction and various other reasons and hence the same kindly be deleted. 2. The Id. CIT(A) erred in law as well as on the facts of the case in passing the impugned order in a haste without affording adequate and reasonable opportunity of being heard. The impugned order having been framed in gross breach of natural

ITA 780/JP/2017_ 2 Shree Balaji Industries Vs. ACIT

justice, kindly be quashed or alternatively be restored to the file of the Id. CIT(A).

Rs.96,573/-: The Id. CIT(A) erred in law as well as on the facts 3. of the case in confirming disallowance of depreciation on land of Rs.96,573/- in spite of the fact that land forms the part of the building. The disallowance so made and confirmed by the Id. CIT(A) is contrary to the provisions of law and facts of the case. Hence, the same kindly be allowed.

Rs.41,723/-: The Id. CIT(A) erred in law as well as on the facts 4. of the case in confirming disallowance of deduction Rs.41,723/- claimed u/s 80IB in the prescribed Form No.10CCB in spite of the fact that the sale of oilseeds is not ancillary of oil mills, The disallowance made and confirmed by the Id. CIT(A) is contrary to the provisions of law and facts of the case. Hence, the same kindly be allowed.

Rs.10,00,000/-: The Id. CIT(A) erred in law as well as on the 5. facts of the case in confirming the trading addition of Rs.10,00,000/-. The addition so made and confirmed by the Id. CIT(A) being totally contrary to the provisions of law and facts of the case, kindly be deleted in full.

6.

The Id. AO further erred in law as well as on the facts of the case in charging interest u/s 234B, 234C & 234D of the Act. The appellant totally denies its liability of charging of any such interest. The interest so charged, being contrary to the provisions of law and facts, kindly be deleted in full.”

2.

At the outset of hearing, the ld. A.R of the assessee has

submitted that the ld. CIT(A) has passed ex parte order without

providing adequate and effective opportunity of being heard to the

assessee. The ld. AR further submitted that in the interest of justice

ITA 780/JP/2017_ 3 Shree Balaji Industries Vs. ACIT and equity, the matter may be restored back to the file of the ld.

CIT(A).

3.

The ld. DR was not having any serious objections on this

proposition.

4.

After hearing both the sides, we are of the view that in the

interest of justice and equity, the matter needs a relook at the level of

the ld. CIT(A), therefore, the issues raised in the appeal are restored

back to the file of the ld. CIT(A) to be decided de novo. The assessee

shall produce all necessary documents in support of its case and

cooperate in finalization of appeal.

5.

In the result, appeal of the assessee is allowed for statistical

purposes only.

Order pronounced in the open court on 16/02/2018.

Sd/- Sd/- ¼fot; iky jko½ ¼Hkkxpan½ (VIJAY PAL RAO) (BHAGCHAND) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 16th February, 2018 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- M/s Shree Balaji Industries, Newai, Tonk. 1. izR;FkhZ@ The Respondent- The ACIT, Circle-7, Jaipur. 2.

ITA 780/JP/2017_ 4 Shree Balaji Industries Vs. ACIT vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 780/JP/2017) 6.

vkns'kkuqlkj@ By order,

सहायक पंजीकार@Aेेज. त्महपेजतंत

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