JENNEX GRANITE INDUSTRIES PVT. LTD.,LASHKAR vs. DY.C.I.T., CIRCLE-2, GWALIOR
Facts
The assessee declared profits from export turnover as exempt under section 10B of the Income-tax Act for assessment years 2009-10 and 2011-12. The Assessing Officer disallowed these claims and also disallowed interest expenditure on an interest-free loan. The CIT(Appeals) confirmed these additions.
Held
The Tribunal noted the assessee's lack of response to notices from the CIT(Appeals) for both assessment years. Despite this, in the interest of justice, the Tribunal decided to give the assessee one last opportunity.
Key Issues
Whether the CIT(Appeals) erred in confirming the disallowances made by the Assessing Officer without providing adequate opportunity to the assessee to defend its case.
Sections Cited
10B, 250, 143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI SUNIL KUMAR SINGH & SHRI MANISH AGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI SUNIL KUMAR SINGH, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No. 71 & 72/Agr/2022 Assessment Years: 2009-10 & 2011-12
Jennex Granite Industries Pvt. Vs. Dy. C.I.T., Circle-2, Ltd., F-03, Badri Vishal Plaza, Gwalior -474011 (MP). Near Kali Mata Temple, Old High Court Lane, Lashkar, Gwalior- 474001(MP) PAN : AABCJ5013C (Appellant) (Respondent)
Assessee by None Department by Sh. Shailendra Srivastava, Sr. DR Date of hearing 19.05.2025 Date of pronouncement 29.05.2025
ORDER Per:Sunil Kumar Singh, Judicial Member: These two appeals have been preferred by assessee against the impugned orders dated 17.03.2022 and 14.03.2022 passed in Appeals No.
CIT (A), Gwalior/10804/2011-12 and CIT (A), Gwalior/11054/2014-15 by the Ld. Commissioner of Income-tax (Appeals), NFAC, Delhi u/s. 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the
assessment years 2009-10 and 2011-12, wherein the ld. CIT(Appeals) has confirmed the disallowances made by the Assessing Officer and dismissed assessee’s first appeals.
ITA No.71 & 72/Agr/2022
Briefly stating, the facts relevant for disposal of these appeals are that
the appellant/assessee had declared profit of Rs.2,96,07,063/- for the
assessment year 2009-10 and Rs.59,99,382/- for A.Y. 2011-12, which were
claimed as exempt from tax u/s. 10B of the Act, having been derived from
export turnover. Accordingly, the appellant/assessee filed his returns of
income for both the years under consideration on 29.09.2009 and
30.09.2011 respectively declaring Nil income. The Assessing Officer after
giving statutory notices on various occasions and being not satisfied with
the replies/explanations offered by the assessee, disallowed the aforesaid
claims of exemption u/s. 10B of the Act on the reasoning given at pages 6
& 7 of assessment order dated 22.12.2011 for A.Y. 2009-10 and pages 6
to 8 of the assessment order dated 26.03.2014 for A.Y. 2011-12, both
passed u/s. 143(3) of the Act. This apart, the Assessing Officer also
disallowed interest expenditure of Rs.3,51,000/- for each of the assessment
years under consideration, on interest free loan of Rs.27,00,000/-.
Aggrieved, the assessee preferred appeals before the learned
CIT(Appeals) who confirmed the additions made by the learned Assessing
Officer and dismissed assessee’s first appeals.
Appellant/assessee has preferred these second appeals on the
ground, amongst others, that the revenue has not provided sufficient
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ITA No.71 & 72/Agr/2022
opportunity to defend his cases and Ld. CIT(Appeals) has erred in
confirming the additions made by the Assessing Officer.
None responded on behalf of the assessee/appellant. Perused the
records and heard learned Departmental Representative for the Revenue.
Learned DR has submitted that the assessee was provided sufficient
opportunity of hearing by learned CIT(Appeals) on various occasions, but
for no avail. Learned DR has supported the impugned orders.
It transpires from the perusal of records that the assessee did not
respond to the notices issued by the Ld. CIT(Appeals) on 24.12.2020,
13.01.2021, 06.07.2021, 22.09.2021, 26.10.2021, 24.11.2021, 13.01.2022
and 03.03.2022 during the course of appellate proceedings for the A.Y.
2009-10. The assessee/appellant either remained irresponsive or only
sought adjournments in response to notices issued on various dates.
Similar lackadaisical attitude was adopted by the assessee in response to
notices issued by ld. CIT(Appeals) on 14.01.2021,07.07.2021, 22.09.2021,
26.10.2021, 24.11.2021, 13.01.2022 and 03.03.2022 during the course of
appellate proceedings for A.Y. 2011-12. Such an irresponsive conduct of
the assessee cannot be appreciated. However, in the interest of justice and
fair play, we deem it just and appropriate to afford last opportunity to the
assessee and remit both the matters back to the files of learned
CIT(Appeals) for adjudication thereof afresh. We order accordingly. We 3 | P a g e
ITA No.71 & 72/Agr/2022
further direct the assessee to be diligent and cooperative in attending the
hearings and making submissions before the learned CIT(Appeals) for the
expeditious and effective disposal. Assessee shall refrain from seeking any
adjournment but for compelling and unavoidable reasons. Needless to say
that learned CIT(Appeals) shall ensure the observance of the principles of
natural justice. Both the appeals are liable to be allowed accordingly.
In the result, both the appeals are allowed for statistical purposes.
Order pronounced in the open court on 29.05.2025.
Sd/- Sd/- (MANISH AGARWAL) (SUNIL KUMAR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 29.05.2025 *aks/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, Agra
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