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Income Tax Appellate Tribunal, RANCHI
Before: SHRI N.S.SAINI & SHRI PAVAN KUMAR GADALE
1 ITA No.202/Ran/2016
IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI
BEFORE SHRI N.S.SAINI, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No.202/Ran/2016 A.Y. : 2007-2008 The Tata Pigments Ltd., vs ACIT, Circle-3, Sakchi Boulevard, Jamshedpur Jamshedpur-831002, Jharkhand PAN No. : AAACT 6760 D Respondent (Appellant) .
Assessee by :None Revenue by :Shri P.K.Mondal, JCIT
Date of Hearing : 24.05.2018 Date of Pronouncement : 25.05.2018
O R D E R Per Pavan Kumar Gadale, JM: This is an appeal filed by the assessee against the order of CIT(A),
Jamshedpur, dated 25.04.2016, for the assessment year 2007-08.
At the time of hearing, none appeared on behalf of the assessee,
however, the ld. AR of the assessee has filed an application seeking
adjournment on the ground that due to some medical ailment, he is unable
to attend the hearing, which in our opinion is not a plausible one, therefore,
the Bench proceeded to disposed off the appeal considering the
submissions of ld. DR and the material available on record.
2 ITA No.202/Ran/2016 3. There are two substantive grounds raised by the assessee, which
are as under :-
i) The CIT(A) erred in confirming the addition of Rs.6,44,670/- being 10% of Rs.64,46,693/- under the head other expenses; and ii) The CIT(A) erred in confirming the addition of 16,34,938/- made on account of alleged refund.
Brief facts of the case are that the assessee is engaged in the
manufacture of oxides of iron, dry cement pain, emulsion paint, acrylic
distemper and wall putty and filed return of income with total income of
Rs.3,12,99,950/-. The return of income was processed u/s.143(1) of the
Act. Subsequently the case was selected for scrutiny on CASS and
notices u/s.143(2) & 142(1) of the Act were issued to the assessee. In
compliance, the AR of the assessee appeared from time to time.
Thereafter the AO completed the assessment and made certain additions
and assessed total income at Rs.3,41,15,190/- and passed order
u/s.143(3) of the Act, dated 29.12.2009.
Aggrieved by the assessment order, the assessee has filed an
appeal with the CIT(A). In the appellate proceedings ld. AR of the
assessee argued the grounds and reiterated the submissions and ld.CIT(A)
having considered the findings and the submissions of the assessee dealt
on the disputed issue and partly allowed the appeal of the assessee.
Aggrieved by the order of CIT(A), the assessee has filed an appeal
before the Tribunal.
3 ITA No.202/Ran/2016 7. None appeared on behalf of the assessee, whereas ld. DR on the
other hand, submitted that the AO has made addition in respect of
expenses as no bills were provided, therefore, estimated income at 10%
and passed order and the assessee could not file evidences till today and
prayed for dismissal of the appeal of the assessee.
We have heard the submissions of ld.DR and perused the material
on record. On perusal of the submissions made by the assessee and the
order of CIT(A), we found that the CIT(A) has considered the submissions
of the assessee, and contention of the assessee before the CIT(A) was
that the AO has not provided adequate opportunity to substantiate/explain
the case of the assessee. However, the CIT(A) has not taken into
consideration the above submission of assessee relating to the
disallowance neither any proper finding in regard to the submission of the
assessee. Therefore, assessee could not make submission in respect of
disallowance made by the AO. Hence, we are of the opinion that the
assessee should be provided one more opportunity to substantiate its
claim and the matter has to be reconsidered by the CIT(A). Accordingly, we
remit the entire issue to the file of CIT(A), who shall reconsider the issue
after providing adequate opportunity of being heard to the assessee and
the assessee shall cooperate in submitting the information for early
disposal of the appeal. The ground of appeal raised by the assessee is
allowed for statistical purposes.
4 ITA No.202/Ran/2016
In the result, appeal of the assessee is allowed for statistical
purposes.
Order pronounced in the open court on 25/05 /2018
Sd/- Sd/- (N.S.SAINI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi, Dated 25/05/2018 Prakash Kumar Mishra , Sr. Ps Copy of the Order forwarded to : 1. The Appellant – 2. The Respondent – 3. The CIT(A) concerned 4. CIT , concerned 5. DR, ITAT, Ranchi BY ORDER, 6. Guard file.
//True Copy// SR.PS, ITAT, RANCHI