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Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI J. SUDHAKAR REDDY & SHRI S.S.VISWANETHRA Ravi
Per Bench:
This appeal by the Revenue is against the order dated 09-03-
2016 passed by the ld. CIT(A), Hazaribagh, Jharkhand for the A.Y
2011-12.
The brief facts of the case are that the assessee is a firm and
filed its return of income for the A.Y under consideration showing total
income at Rs.43,49,835/-. The same was processed u/s. 143(1) of the
Act. Notices u/s. 143(2) and 142(1) of the Act were issued. In
response to which, the AR of the assessee appeared and filed details
including books of account.
2 ITA No. 148/Ran/16 M/s. Jai Mata Di Associates
Before us the ld. DR argued that the AO made the addition for
non production of PAN of the payee. Before the CIT-A the assessee
filed details of break up of expenditure on account of fuel expenditure,
basing on which, he directed the AO to delete the addition of
Rs.1,70,84,562/-. The ld. DR submits that such details were not before
the AO for verification in the assessment proceedings and prayed to
remand the matter to the file of the AO for verification of such details.
It is noticed that the assessee filed adjournment petition stating
that the AR of the assessee is out of station and requested to post the
appeal for hearing after 15 days. In view of the submissions of the
ld.DR, the adjournment petition is dismissed. Therefore, in the interest
of justice, taking into considerations the facts and circumstances of the
case and the submissions of the ld.DR, we deem it fit and proper to
remand the matter to the file of the AO for verification of details of
expenditure on account of fuel expenditure. The AO shall pass a fresh
order as per law, after giving adequate opportunity of hearing to the
assessee. The assessee is also directed to co-operate with the AO in
assessment proceedings by filing requisite evidences, details etc. if
any, in support of its claim as required by the AO in this regard.
Therefore, the grounds raised by the revenue are allowed for statistical
purpose.
3 ITA No. 148/Ran/16 M/s. Jai Mata Di Associates
In the result, the appeal of the revenue is allowed for statistical
purpose.
Order pronounced in the open court on 28 /2/2018
Sd/- Sd/- J. SUDHAKAR REDDY S.S.VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER
Ranch i , Dated 28 / 02/2018
*PP, Sr. P.S. Copy of the Order forwarded to : 1. The Appellant – The I.T.O Ward 1(2), Aaykar Bhawan, Ravindra Path, Hazaribagh. 2. The Respondent- M/s. Jai Mata Di Associates, New Road, Phusro Bazar, Bokara-829144. 3. The CIT(A) concerned 4. CIT , concerned 5. DR, ITAT, Ranchi Guard file. 6. BY ORDER, //True Copy// SR.PS, ITAT, RANCHI