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Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No.156/CTK/2017 : Assessment Year :2007-08 ITA No.157/CTK/2017 : Assessment Year :2008-09 ITA No.158/CTK/2017 : Assessment Year :2009-10 ITA No.159/CTK/2017 : Assessment Year :2010-11
Trishna Real Estate Pvt Ltd., Vs. DCIT, Central Circle-1, N-3/336, IRC Village, Bhubaneswar, Bhubaneswar. PAN/GIR No. AABCT 7854 M (Appellant) .. ( Respondent)
Assessee by : Shri P.R.Mohanty, AR Revenue by : Shri B.N.Das, DR
Date of Hearing : 30/05/ 2017 Date of Pronouncement : 31/05/ 2017
O R D E R Per Pavan Kumar Gadale, JM
These are appeals filed by the assessee against the separate orders
of CIT(A)-3, Bhubaneswar, all dated 3.10.2016, for the assessment years
2007-08, 2008-09, 2009-10 & 2010-2011 .
All these appeals filed by the assessee are barred by limitation by
138 days. The assessee has filed condonation petitions dated 30th May,
2017 for condoning the delay in filing the appeals. After going through
the condonation petitions, we find that the assessee had reasonable cause
2 ITA No. 156/CT K/ 2017 : Assessmen t Ye ar :2007- 08 ITA No. 157/CT K/ 2017 : Assessmen t Ye ar :2008- 09 ITA No. 158/CT K/ 2017 : Assessmen t Ye ar :2009- 10 ITA No. 159/CT K/ 2017 : Assessmen t Ye ar :2010- 11
for not filing the appeals within the stipulated time. Ld D.R. did not have
any serious objection for condoning the delay. We, therefore, condone the
delay of 138 days in filing the appeals before the Tribunal and admit the
appeals for hearing.
Since the facts and issue are common in all these appeals, for the
sake of convenience, we take up the appeal for the assessment year 2007-
08 in ITA n.156/ctk/2017 for our adjudication and the decision will apply
mutatis-mutandis to other assessment years.
Brief facts of the case are that the assessee is engaged in the
business of Real Estate activities since 1998. There was search and seizure
operation in the case of Artha Tatwa Group on 11.4.2012 and certain
incriminating documents were seized. The Assessing Officer issued notice
u/s.153C of the Act dated 18.7.2014 to file the Return of income. However,
the assessee filed return of income on 13.3.2015 in compliance to notice
u/s.153C of the Act and further a notice u/s.143(2) was issued to the
assessee to produce documents and evidences in support of return of
income filed the assessee has produced books of account, Bills and
vouchers. The Assessing Officer found that inspite of providing sufficient
time and opportunities, the assessee could not submit the documents
required for assessment. Therefore, the Assessing Officer was not in a
position to verify the Bbooks of account and to Best judgment assessment
u/s.144 of the Act. Accordingly, made the addition of interest payment of
3 ITA No. 156/CT K/ 2017 : Assessmen t Ye ar :2007- 08 ITA No. 157/CT K/ 2017 : Assessmen t Ye ar :2008- 09 ITA No. 158/CT K/ 2017 : Assessmen t Ye ar :2009- 10 ITA No. 159/CT K/ 2017 : Assessmen t Ye ar :2010- 11
Rs.11,18,127 to the returned income and passed order under section
153C/144 of the Act.
Aggrieved by the order of the Assessing Officer, the assessee has
filed appeals with the CIT(A). The CIT(A) has dismissed the assesse’s
appeal exparte. Against the order of the CIT(A), the assessee has filed
appeal with the Tribunal.
Before us, ld A.R. of the assessee argued that the CIT(A) has not
provided adequate opportunities before passing the orders. The assessee
could not file the details and explanation in respect of additions due to
various reasons and delays. Therefore, ld A.R. of the assessee prayed that
one more opportunity be provided to the assessee to present its case before
the CIT(A). Ld D.R. opposed to the prayer of the ld A.R. of the assessee.
We heard the rival submissions and perused the orders of lower
authorities and materials available on record. Prima facie, on perusal of
the order of the CIT(A), we find that the CIT(A) has passed exparte order
confirming the addition. We are of the opinion that no harm will be cause
to the revenue if one more opportunity is granted to the assessee to
substantiate its case before the CIT(A) and the Ld A.R. of the assessee
undertakes to appear before the CIT(A) alongwith all required details and
documents. We, in the interest of substantial justice, set aside the order
of the CIT(A) and restore the entire issue to the file of the CIT(A) to pass a
speaking order after affording reasonable and proper opportunities of
4 ITA No. 156/CT K/ 2017 : Assessmen t Ye ar :2007- 08 ITA No. 157/CT K/ 2017 : Assessmen t Ye ar :2008- 09 ITA No. 158/CT K/ 2017 : Assessmen t Ye ar :2009- 10 ITA No. 159/CT K/ 2017 : Assessmen t Ye ar :2010- 11
hearing to the assessee. The assessee is also directed to appear and
cooperate in submitting the information and disposal of the appeal.
Accordingly, we restore the appeal to the file of the CIT(A) for fresh
adjudication as per provisions of law. Similarly, appeal filed by the assessee
for the assessment years 2009-10, 2010-2011 are also restored to the file
of the CIT(A) for fresh adjudication as per the provisions of law.
In the result, the appeals filed by the assessee are allowed for
statistical purposes.
Order pronounced on 31 /05/2017 Sd/- sd/- (N.S Saini) (Pavan Kumar Gadale) ACCOUNTANT MEMBER JUDICIALMEMBER Cuttack; Dated 31 /05/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : Trishna Real Estate Pvt Ltd., N-3/336, IRC Village, Bhubaneswar. 2. The Respondent. DCIT, Central Circle-1, Bhubaneswar,- 3. The CIT(A) 3, Bhubaneswar 4. Pr.CIT-3, Bhuabneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// BY ORDER,
SR.PRIVATE SECRETARY ITAT, Cuttack