MANPASAND CEMENT PRIVATE LIMITED,BURDWAN vs. D.C.I.T CIR 3,ASANSOL, ASANSOL
What did the Tribunal hold?
The Tribunal found that while the CIT(A) had provided opportunities, the interest of natural justice required a fresh adjudication. Therefore, the case was remanded to the CIT(A) for a decision on merits after giving the assessee an adequate opportunity of hearing.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) for non-compliance with hearing notices. The assessee had sought multiple adjournments due to its Authorized Representative being out of station. The AO had made additions on account of subsidies, bogus purchases, and concealed stock.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without jurisdiction and without adjudicating on the grounds of appeal, and whether the additions made by the AO were justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, KOLKATA
Before: Shri P.M. Jagtap, & Shri S.S Viswanethra Ravi
Date of Pronouncement: 27 -05 -2016 ORDER SHRI S.S VISWANETHRA RAVI, JM
This appeal of the assessee is arising out of the order of the Learned CIT (A)- Durgapur in appeal no. 408/CIT(A)/ASL/DCIT/Circle-3/ASL/2010-11 dated 22-02-2013 against the order of assessment framed u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) for the assessment year 2008-09.
In this appeal, the assessee has raised the following grounds:- 1.0 For that under the facts and circumstances of the case, ld. CIT(A), Durgapur is unjustified in dismissing the appeal without having jurisdiction over the appellant more particularly when there was already an incumbent in the office of jurisdictional CIT(A), Asansol and as also without going into the grounds of appeal.
2.0 For that under the facts and circumstances of the case, the addition of Rs.18,77,100.00 as made by the ld.AO on account of subsidies is wrong
1 M/s. Manpasand Cement Pvt.Ltd and incorrect; the addition so made being perverse needs to be deleted in full.
3.0 For that under the fact and circumstances of the case, the ld.AO erred in making an additions of Rs.45,56,174.00 on account of alleged bogus purchases on the grounds which are not correct; the addition so made being perverse needs to be deleted in full.
4.0 For that under the fact and circumstances of the case, the ld.AO erred in making an addition of rs.36,486.00 on account of alleged concealed stock on the grounds which are not correct; the addition so made being perverse needs to be deleted in full.
5.0 For that the appellant craves leave to modify, to amend, to add and/ or withdraw any ground/s of appeal at the time or before the hearing of the appeal.
The brief facts of the case are that the assessee is engaged in manufacturing of Portland slag cement. The assessee has filed its return of income on 29-09-2008 showing total loss of Rs.11,63,466/-. The case was selected for scrutiny and issued notices u/s. 143(2)/142(1). In response to which, the ld.AR of the assessee appeared and filed details before the AO. During the assessment proceedings, the AO added Rs.18,77,100/- as received by the assessee towards subsidy on various categories and AO treated the same as revenue expenditure. Further, the AO found differences in opening and closing balance and added the said amount of Rs.45,56,174/- treating as bogus transactions. The AO also added Rs. 36,486/- being found as difference in stock submitted to the bank and stock register as maintained by the assessee.
Aggrieved, the assessee preferred appeal before the ld.CIT(A). The ld. CIT(A) dismissed the appeal filed by the assessee for non-compliance of 2 M/s. Manpasand Cement Pvt.Ltd notices issued intimating for appearance and hearing of first appeal by observing as under:- “2. Notice u/s. 250 was issued and in response the appellant filed adjournment petition dated 17-01-2012 seeking adjournment of the hearing fixed on 25.01.2012. Subsequently, the case was refixed for hearing on 13.12.2012, 29.01.2013 & 12.02.2013 respectively. But these dates were also not complied with and in every occasion the appellant sought for adjournment on the plea that his A/R was out of station. It appears that the appellant’s A/R is always preoccupied on the date fixed for hearing and this state of affairs is seen to be going on for more than a year. The appellant has been given several opportunities to represent his case but has practically refused, by his non-compliance, to avail them. Under the circumstances, I do not see any point in adjourning the appeal any further. The appeal is, accordingly, dismissed.”
Heard the rival submissions and perused the material available on record. It is noticed that the ld. CIT-(A) had fixed the date of hearing on 17-01-2012, wherein the assessee filed an adjournment petition and case was adjourned to 25-01-2012. The assessee sought adjournment from time to time as and when the case of the assessee was fixed. The reason given for non appearance was that its AR out of station. We find that the ld. CIT(A) has afforded many opportunities to the assessee to prosecute its case. However, in the interest of natural justice and for proper adjudication, we deem it fit, just and proper to remand the case to the file of the ld.CIT(A) to decide the case afresh in accordance with law after giving adequate opportunity of hearing to the assessee. The assessee is also directed to co-operate and produce necessary evidences in support of its claim and shall not seek any further adjournment. Accordingly, the grounds raised by the assessee are allowed for statistical purpose.
3 M/s. Manpasand Cement Pvt.Ltd
In the result, the appeal of the assessee is allowed for statistical purpose.
THIS ORDER IS PRONOUNCED IN OPEN COURT ON 27 / 5/2016
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