M/S WIZARD BIOTECH PVT LTD., Jaipur v. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4, Jaipur

ITA 1055/JPR/2019 | 2009-2010
Pronouncement Date: 20-11-2019 | Result: Allowed

Appeal Details

RSA Number 105523114 RSA 2019
Assessee PAN AAACW3811C
Bench Jaipur
Appeal Number ITA 1055/JPR/2019
Duration Of Justice 2 month(s) 24 day(s)
Appellant M/S WIZARD BIOTECH PVT LTD., Jaipur
Respondent ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4, Jaipur
Appeal Type Income Tax Appeal
Pronouncement Date 20-11-2019
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 20-11-2019
Last Hearing Date 19-11-2019
First Hearing Date 19-11-2019
Assessment Year 2009-2010
Appeal Filed On 27-08-2019
Judgment Text
VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCHES (SMC) JAIPUR JH JES'K LH 'KEKZ] YS[KK LNL; DS LE{K BEFORE: SHRI RAMESH C SHARMA ACCOUNTANT MEMBER VK;DJ VIHY LA -@ ITA NO. 1055/JP/2019 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2009-10 M/S WIZARD BIOTECH (P) LTD. 223 MOKKHAPADA KAITHUNIPOLE KOTA RAJASTHAN-324006. C UKE VS. A.C.I.T. CIRCLE-4 JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO.: AAACW 3811 C VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKS J LS @ ASSESSEE BY : SHRI S.K. GOGRA (CA) JKTLO DH VKSJ LS @ REVENUE BY : SHRI MANMOHAN (ACIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 19/11/2019 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 20/11/2019 VKNS'K@ ORDER PER: R.C. SHARMA A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD.CIT(A)-2 JAIPUR DATED 30/03/2016 FOR THE A.Y. 2009-10 IN THE MATTER OF ORDER PASSED U/S 144 OF THE INCOME TAX ACT 1961 (IN SHORT THE ACT). 2. IN THIS APPEAL THE ASSESSEE IS BASICALLY AGGRIEVED FOR THE EX PARTE ORDER PASSED BY THE A.O. WITHOUT GIVING OPPORTUNITY AND ALSO FOR MERIT OF THE ADDITION SO MADE IN RESPECT OF PURCHASES WHICH WAS ALLEGED TO BE BOGUS. 3. I HAVE CONSIDERED THE RIVAL CONTENTIONS AND CAREFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. FROM THE RECORD I FOUND THAT THE A.O. ITA 1055/JP/2019 M/S WIZARD BIOTECH (P) LTD. VS ACIT 2 HAS MADE 100% ADDITION IN RESPECT OF PURCHASES MADE FROM M/S SPAN ENTERPRISES MUMBAI AMOUNTING TO RS. 13 09 500/-. IT IS THE CONTENTION OF THE LD AR THAT AO HAS PASSED THE IMPUGNED ASSESSMENT ORDER BASED ON GENERAL INFORMATION RECEIVED FROM THE OFFICE OF COMMERCIAL TAXES DEPARTMENT (CTD) MAHARASTRA WHEREIN CTD HAS CONTENDED THAT ONE M/S. SPAN ENTERPRISES MUMBAI HAS ISSUED SALE BILL OF RS.1309500/- TO THE ASSESSEE WHEREAS THE ASSESSEE FROM INITIATION OF PROCEEDINGS HAS DENIED TO MAKE ANY SUCH PURCHASES FROM M/S. SPAN ENTERPRISES MUMBAI. THAT THE ASSESSEE HAS GOT ISSUED CERTIFIED COPY OF THE REASONS RECORDED BY THE AO VIDE APPLICATION SUBMITTED IN OFFICE OF ACIT CIRCLE-4 JAIPUR ON DATED11.11.2019 COPY OF WHICH ARE ANNEXED IN PAPER BOOK. 4. IT WAS FURTHER ARGUED THAT THE ASSESSEE WAS REGISTERED UNDER MAHARASTRA VAT ACT HAVING TIN-27750012485V AND COPY OF ALL THESE VAT RETURNS AND WHEREIN THERE IS NO SUCH PURCHASE TRANSACTION HAVE BEEN SHOWN IN THESE RETURNS DURING THE FINANCIAL YEAR 2008-09 WHICH STIPULATES THE DETAILS OF PURCHASES MADE DURING THE YEAR BY THE ASSESSEE AND WHICH IS SUBMITTED WITH THE COMMERCIAL TAXES DEPARTMENT TO GET BENEFIT OF INPUT TAX CREDIT (ITC) AND OTHERWISE THERE WOULD HAVE BEEN LOSS OF INPUT TAX CREDIT (ITC) TO THE ASSESSEE. THUS ON PERUSAL OF THESE VAT RETURNS IT IS ITA 1055/JP/2019 M/S WIZARD BIOTECH (P) LTD. VS ACIT 3 CRYSTAL CLEAR THAT THERE IS NO SUCH ENTRY FALLING TO HAVE MADE PURCHASE FROM M/S. SPAN ENTERPRISES MUMBAI AND THEN HOW THE SAME MAY BE TREATED TO HAVE BEEN MADE AS PURCHASES IS ABSOLUTELY ILLEGAL AND UNJUSTIFIED IN THE FACTS AND CIRCUMSTANCES OF THE CASE. COPY OF ALL THESE VAT RETURNS ARE ANNEXED HEREWITH IN PAPER BOOK. 5. AFTER GOING THROUGH THE DOCUMENTS PLACED ON RECORD I SET ASIDE THE EX PARTE ORDER PASSED BY THE A.O. AND THE MATTER IS RESTORED BACK TO HIM FOR DECIDING THE ISSUE AFRESH AFTER CONSIDERING THE DOCUMENTS FILED BY THE ASSESSEE BEFORE THE ITAT. THE ASSESSEE IS ALSO DIRECTED TO FILE ALL THESE DOCUMENTARY EVIDENCES BEFORE THE A.O. TO FACILITATE FOR PASSING OF THE FRESH ORDER IN ACCORDANCE WITH LAW. NEEDLESS TO SAY ASSESSEE BE PROVIDED REASONABLE OPPORTUNITY OF HEARING. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH NOVEMBER 2019 SD/- JES'K LH 'KEKZ ( RAMESH C SHARMA ) YS[KK LNL; @ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 20 TH NOVEMBER 2019 ITA 1055/JP/2019 M/S WIZARD BIOTECH (P) LTD. VS ACIT 4 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- M/S WIZARD BIOTECH (P) LTD. KOTA. 2. IZR;FKHZ @ THE RESPONDENT- THE A.C.I.T. CIRCLE-4 JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR ITAT JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 1055/JP/2019) VKNS'KKUQLKJ @ BY ORDER LGK;D IATHDKJ @ ASST. REGISTRAR