DINESH MEHTA,CHENNAI vs. ACIT, CHENNAI

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ITA 2421/CHNY/2014Status: DisposedITAT Chennai30 June 2017AY 2003-044 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issues to the file of the AO for re-adjudication, granting the assessee an adequate opportunity to substantiate their case. This was based on the significant reduction in total income and the practical impossibility of the AO's additions.

What were the facts?

The assessee's appeals were filed against the orders of the CIT(A) for multiple assessment years. The assessee contended that the AO did not provide adequate opportunity and made additions treating purchases as unaccounted expenditure and turnover as unaccounted profits, which is practically impossible.

What were the issues?

Whether the AO provided adequate opportunity to the assessee and if the additions made were justified, considering the practical impossibility of treating total turnover as unaccounted profits.

Which sections of the Income-tax Act were involved?

Section 234B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI SANJAY ARORA & SHRI GEORGE MATHAN

Hearing: 28.06.2017Pronounced: 30.06.2017

आदेश / O R D E R

PER BENCH:

1.

These are the appeals filed by the assessee against the orders of the Commissioner of Income Tax, Appeals (Central)-I, Chennai, in Appeal Nos.75/2012-13 dated 24.06.2014 for the AY 2000-01, No.76/2012-13 dated 24.06.2014 for the AY 2001-02, No.77/2012-13 dated 24.06.2014 to 2424/Mds/2014 :- 2 -: for the AY 2002-03, No.78/2012-13 dated 24.06.2014 for the AY 2003-04, No.79/2012-13 dated 24.06.2014 for the AY 2004-05, No.80/2012-13 dated 24.06.2014 for the AY 2005-06 & No.81/2012-13 dated 24.06.2014 for the AY 2006-07.

2.

Shri B.Naveen Kumar, JCIT, represented on behalf of the Revenue and Shri B.Ramana Kumar, FCA & Adv. represented on behalf of the assessee.

3.

It was submitted by the Ld.AR that the AO while completing the assessment giving effect to the order of the Tribunal had not provided adequate opportunity to the assessee. It was a submission that the AO in some of the years treated the purchases of the assessee as unaccounted purchases and the turnover as unaccounted profits. It was also submitted that when computing the interest u/s.234B, the AO has not taken into consideration the taxes paid by the assessee for the various assessment years. It was a further submission that the AO has also not considered the fact that the assessee was a whole-sale dealer and was having credit facility. It was a submission that before the Ld.CIT(A) the assessee was not represented by any Counsel but the assessee himself had appeared and had filed a letter dated 11.06.2014 to the Ld.CIT(A) wherein the assessee had attempted to explain his ill-health and frustration in regard to the assessment. It was submitted by the Ld.AR that he has co-related all the evidences in respect of the additions as made in the assessment to 2424/Mds/2014 :- 3 -:

and is in a position to explain the same before the AO, if an opportunity is granted. It was a submission that in the interest of natural justice, the issues in the appeal may be restored to the file of the AO.

4.

In reply, the Ld.DR submitted that the original assessment had resulted in the total income of the assessee being assessed at more than Rs.125 Cr. It was a submission that after set-aside by the ITAT of the original assessment orders to the file of the AO, the total income of the assessee now was assessed at nearly Rs.18.5 Cr. It was a submission that the assessee has already got adequate relief. It was a submission that the orders of the Ld.CIT(A) was liable to be upheld.

5.

We have considered the rival submissions. The fact that the total income of the assessee for the AYs 2000-01 to 2006-07 has come down from Rs.125 Cr. to Rs.18.5 Cr. on the basis of the mere evidences which have been produced before the AO itself given ground to grant the assessee one more opportunity to produce further evidences, if any, before the AO. The fact that the Ld.CIT(A) has dismissed the assessee’s appeals on the basis of the letter filed by the assessee dated 11.06.2014, reading of which clearly shows the frustration of the assessee on account of his ill-health and predicament also gives reason that the issues in the appeal must be restored to the file of the AO. Not only this, the fact that the total purchase of the assessee has been treated/added as unaccounted expenditure, and also total turnover of the assessee as to 2424/Mds/2014 :- 4 -:

unaccounted profits – a practical impossibility, which would need re- adjudication. This being so, the fact that the Ld.AR of the assessee has admitted that he has been able to compile all the details in respect of the additions made in the assessment and that he would be in a position to explain all the additions, in the interest of natural justice, the issues in this appeal are restored to the file of the AO for re-adjudication after granting the assessee adequate opportunity to substantiate his case.

6.

In the result, the appeals filed by the assessee for the AYs 2000-01 to 2006-07 are partly allowed for statistical purposes.

Order pronounced in the Open Court on June 30, 2017, at Chennai.

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