OVERSEAS BEVERAGES PRIVATE LIMITED,HONDA vs. ACIT, CIRCLE - 2(1), PANAJI

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ITA 223/PAN/2018Status: DisposedITAT Panaji21 September 2023AY 2012-13Bench: SHRI R.S. SYAL (Vice President), SHRI S.S. VISWANETHRA RAVI (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee did not get an opportunity to present its case before the CIT(A). Therefore, the issue was remanded to the AO for fresh consideration, allowing the assessee to submit evidence.

What were the facts?

The assessee challenged the CIT(A)'s order for the assessment year 2012-13, alleging a violation of natural justice. The issue pertained to foreign exchange gain on restatement, which the AO had added to total income due to lack of details.

What were the issues?

Whether the principles of natural justice were violated by the CIT(A) in not providing an opportunity to the assessee to present its case regarding foreign exchange gain.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri R. Natarajan
For Respondent: Shri P.S. Shivshankar

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 22-03-2028 passed by the Commissioner of Income Tax (Appeals)-2, Panaji [‘CIT(A)’] for assessment year 2012-13.

2.

The only issue raised by the assessee challenging the action of CIT(A) in passing the impugned order violating the principles of natural justice in respect of issue foreign exchange gain on restatement in the facts and circumstances of the case.

3.

At the outset, it was stated that there was no opportunity for the assessee in prosecuting its case before the CIT(A). On an examination of the assessment order dated 30-03-2015, we note that the assessee was asked to file details and nature of foreign exchange gain as per AS-15 and the AO added the said amount to the total income of the assessee for want of details. Before the CIT(A), we note that no details were submitted by the assessee which were fairly conceded by the ld. AR. The ld. DR did not report any objection in remanding the issue to the file of AO for its fresh consideration. As discussed above which is evident from para 4.II of the assessment order. Therefore, taking into consideration the facts and circumstances of the case and the submissions of ld. AR and ld. DR and in the interest of justice, we deem it proper to remand the issue to the file of AO for its fresh consideration. The assessee is liberty to file evidence, if any, in support of its claim. Thus, the sole ground raised by the assessee is allowed for statistical purpose.

4.

In the result, the appeal of assessee is allowed for statistical purpose.

Order pronounced in the open court on 21st September, 2023.

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