M/s. Shree Maa Adyashakti Bastralaya, Balasore v. ITO, Balasore

ITA 193/CTK/2015 | 2000-2001
Pronouncement Date: 25-10-2016 | Result: Allowed

Appeal Details

RSA Number 19322114 RSA 2015
Assessee PAN AAPFS7457J
Bench Cuttack
Appeal Number ITA 193/CTK/2015
Duration Of Justice 1 year(s) 6 month(s) 2 day(s)
Appellant M/s. Shree Maa Adyashakti Bastralaya, Balasore
Respondent ITO, Balasore
Appeal Type Income Tax Appeal
Pronouncement Date 25-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 25-10-2016
Date Of Final Hearing 25-10-2016
Next Hearing Date 25-10-2016
Assessment Year 2000-2001
Appeal Filed On 23-04-2015
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK SMC BENCH CUTTACK BEFORE SHRI N. S SAINI ACCOUNTANT MEMBER ITA NO.193 /CTK/2015 ASSESSMENT YEAR : 2000 - 2001 M/S. SHREE MAA ADYASAKTI BASTRALAYA AT: MOTIGANJ PO/DIST: BALASORE. VS. ITO WARD - 2 BALASORE AT/PO/DIST: BALASORE PAN/GIR NO. AAPFS 7457 J (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI P.K.MISHRA AR REVENUE BY : SHRI D.K.PRADHAN DR DATE OF HEARING : 2 5 /10 / 2016 DATE OF PRONOUNCEMENT : 25 /10 / 2016 O R D E R THIS I S AN APPEAL FILED BY THE ASSESSEE AGAI NST THE ORDER OF CIT(A) - 1 BHUBANESWAR DATED 7.8.2014 FOR THE ASSESSMENT YEAR 2000 - 2001. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS: 1. FOR THAT THE IMPUGNED ORDERS AS PASSED BY THE LEARNED C.I.T(A) IS NOT JUST `AND PROPER UNDER THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS SUCH THE SAME IS LIABLE TO BE QUASHED IN THE INTEREST OF JUSTICE. 2. FOR THAT THE LEARNED C.I.T(A) SHOULD NOT HAVE UPHELD THE VALIDITY OF THE ASSESSMENT ORDER WHEN THE IMPUGNED ASSESSM ENT ORDER IS IN FRUCTUOUS AND WITHOUT JURISDICTION. 2 ITA NO.193/CTK/2015 ASSESSMENT YEAR :2000 - 2001 3. FOR THAT THE LEARNED A.O. SHOULD NOT HAVE CONFIRMED THE ADDITION OF INTRODUCTION OF CAPITAL OF RS.3 43 069.00 UNDER THE HEAD OF UNEXPLAINED CASH CREDIT PARTICULARLY WHEN THE SAID AMOUNT HAS BEEN INTR ODUCED BY THE PARTNERS. 4. FOR THAT THE ADDITION OF RS.3 43 069.00 UNDER THE HEAD OF UNEXPLAINED CASH CREDIT IN THE HAND OF THE FIRM IS ILLEGAL AND AS SUCH THE SAME NEEDS TO BE DELETED IN THE INTEREST OF JUSTICE. 5. FOR THAT THE LEARNED C.I.T(A) SH OULD NOT HAVE HELD THAT THE ESTIMATION OF GROSS PROFIT @ 4% MADE BY THE LEARNED A.O. IS REASONABLE IGNORING PROFIT PERCENTAGE DERIVED BY THE LEARNED C.I.T(A) AGAINST THE ORIGINAL ORDER OF ASSESSMENT. 6. FOR THAT THE ESTIMATION OF GROSS PROFIT BY THE LE ARNED A.O. IS ILLEGAL EXCESSIVE AND ARBITRARY AS SUCH THE SAME NEEDS TO BE REDUCED SUITABLY IN THE INTEREST OF JUSTICE. 7. FOR THAT THE APPELLANT CRAVES LEAVE OF THIS HON'BLE TRIBUNAL TO URGE OTHER GROUNDS OF APPEAL IF ANY AT THE TIME OF HEARING. 3. THE APPEAL FILED BY THE ASSESSEE IS DELAYED BY 167 DAYS. THE ASSESSEE HAS FILED A CONDONATION PETITION REQUESTING TO CONDONE THE DELAY. I FIND THAT THE ASSESSEE HAD REASONABLE CAUSE FOR NOT FILING THE APPEAL WITHIN THE STIPULATED TIME. LD D.R. DID NOT H AVE ANY OBJECTION FOR CONDONING THE DELAY. I THEREFORE CONDONE THE DELAY OF 167 DAYS IN FILING THE APPEAL BEFORE THE TRIBUNAL AND ADMIT THE APPEAL FOR HEARING. 4 . AT THE TIME OF HEARING LD A.R. OF THE ASSESSEE FILED A COPY OF ORDER DATED 24.5.2006 OF TH IS BENCH OF THE TRIBUNAL IN ITA NO.470/CTK/2005 FOR A.Y. 2000 - 2001 WHEREIN THE TRIBUNAL SET ASIDE THE ORDER OF THE LD COMMISSIONER OF INCOME TAX PASSED U/S.263 OF THE ACT ON 31.3.2005 SETTING ASIDE THE ORDER OF THE ASSESSING OFFICER. THEREAFTER TH E ASSESSING OFFICE HAS 3 ITA NO.193/CTK/2015 ASSESSMENT YEAR :2000 - 2001 PASSED ASSESS MENT ORDER ON 31.3.2006 U/S.144 R.W.S 263 OF THE ACT IN PURSUANCE TO THE ORDER DATED 31.3.2005 OF THE LD COMMISSIONER OF INCOME TAX CUTTACK PASSED U/S.263 OF THE ACT. 5. THE SUBMISSION OF LD A.R. OF THE ASSESSEE IS TH AT THE ASSESSING OFFICER PASSED ORDER U/S.144 R.W.S. 263 OF THE ACT ON 31.3.2006 WHICH WAS PRIOR TO PASSING OF THE ORDER BY THE TRIBUNAL ON 24.5.2006 SETTING ASIDE THE ORDER OF THE LD COMMISSIONER OF INCOME TAX DATED 31.3.2005. THEREFORE IT WAS THE SUBMI SSION OF LD A.R. OF THE ASSESSEE THAT AFTER SETTING ASIDE THE ORDER OF THE LD COMMISSIONER OF INCOME TAX BY THE TRIBUNAL THE ORDER OF LD COMMISSIONER INCOME TAX DOES NOT SURVIVE AND THEREFORE THE ORDER PASSED BY THE ASSESSING OFFICER IN CONSEQUENCE TO T HE ORDER OF THE LD COMMISSIONER OF INCOME TAX U/S.263 ALSO DOES NOT SURVIVE. 6 . LD D.R. ALSO AGREED TO ABOVE SUBMISSION OF LD A.R. OF THE ASSESSEE. 7 . IN THE ABOVE FACTS AND CIRCUMSTANCES OF THE CASE I AM OF THE CONSIDERED VIEW THAT THE ORDER PASSED U/ S.263 OF THE ACT BY THE LD COMMISSIONER OF INCOME TAX ON 31.3.2005 WAS SET ASIDE BY THE TRIBUNAL VIDE ITS ORDER DATED 24.5.2006 PASSED IN ITA NO.470/CTK/2005 FOR A.Y. 2000 - 2001 THEREFORE THE ORDER PASSED BY THE ASSESSING OFFICER U/S.144 R.W.S. 263 OF THE ACT ON 31.3.2006 ALSO DOES NOT SURVIVE. HENCE I CANCEL 4 ITA NO.193/CTK/2015 ASSESSMENT YEAR :2000 - 2001 THE ASSESSMENT ORDER DATED 31.3.2006 PASSED U/S.144 R.W.S 263 OF THE ACT AND ALLOWED GROUNDS OF APPEAL TAKEN BY THE ASSESSEE. 8 . IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRO NOUNCE D IN THE OPEN COURT ON 25 /10 /2016 IN THE PRESENCE OF PARTIES. ( N. S SAINI ) A CCOUNTANT MEMBER CUTTACK; DATED 25 /10 /2016 B.K.PARIDA SPS COPY OF THE ORDER FORWARDED TO : BY ORDER ASST.REGISTRAR ITAT CUTTACK DATE INITIAL 1. DRAFT DICTATED ON 25 / 10/16 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 25 / 10/16 (DICTATION PAD HAS BEEN ENCLOSED ALONG WITH ORIGINAL FILE) SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER A M 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. A M 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE H.C. 9. DATE ON WHICH FILE GOES TO THE SR. PS 10. DATE OF DISPATCH OF ORDER. 1. THE APPELLANT : M/S. SHREE MAA ADYASAKTI BASTRALAYA AT: MOTIGANJ PO/DIST: BALASORE 2. THE RESPONDENT. ITO WARD - 2 BALASORE AT/PO/DIST: BALASORE 3. THE CIT(A) - 1 BHUBANESWAR 4. CIT CUTTACK 5. DR ITAT CUTTACK 6. GUARD FILE. //TRUE COPY// 5 ITA NO.193/CTK/2015 ASSESSMENT YEAR :2000 - 2001