Hubli Dharwad Stock Trading House , Hubli v. Deputy Commissioner of Income Tax Circle-1(1), Hubli

ITA 1932/BANG/2017 | 1997-1998
Pronouncement Date: 29-11-2017 | Result: Allowed

Appeal Details

RSA Number 193221114 RSA 2017
Assessee PAN AAAAH3208G
Bench Bangalore
Appeal Number ITA 1932/BANG/2017
Duration Of Justice 2 month(s)
Appellant Hubli Dharwad Stock Trading House , Hubli
Respondent Deputy Commissioner of Income Tax Circle-1(1), Hubli
Appeal Type Income Tax Appeal
Pronouncement Date 29-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Allowed
Bench Allotted B
Tribunal Order Date 29-11-2017
Assessment Year 1997-1998
Appeal Filed On 28-09-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH SMC-B BANGALORE BEFORE SHRI A.K.GARODIA ACCOUNANT MEMBER ITA NOS.1932 TO 1937 (BANG) 2017 (ASSESSMENT YEARS : 1997 98 2000 01 TO 2002 03 & 2004 05 TO 2005 - 06) M/S. HUBLI DHARWAD STOCK TRADING HOUSE APPELLANT CHAMBER OF COMMERCE BUILDING J. C. NAGAR HUBLI PAN. AAAAH3208G VS THE DCIT CIRCLE 1 (1) HUBLI. RESPONDENT ASSESSEE BY : SMT. PRATIBHA ADVOCATE REVENUE BY : SHRI PALANI KUMAR ADDL. CIT DATE OF HEARING : 23-11-2017 DATE OF PRONOUNCEMENT : 2 9-11-2017 O R D E R PER A. K. GARODIA A.M.: ALL THESE SIX APPEALS ARE FILED BY THE ASSESSEE AND THESE ARE DIRECTED AGAINST SEPARATE ORDERS OF CIT (A) HUBLI ALL DATED 23.06.20 17. ALL THESE APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CO MMON ORDER FOR THE SAKE OF CONVENIENCE. 2. AT THE VERY OUTSET IT IS SUBMITTED BY THE LEARN ED AR OF THE ASSESSEE THAT ALL THESE SIX APPEALS WERE FILED LATE BEFORE CIT (A) AN D THE DELAY WAS OF 445 DAYS AND LEARNED CIT (A) HAS NOT CONDONED THE DELAY AND DISMISSED THESE APPEALS. SHE SUBMITTED THAT AS PER THE REASONS OF DELAY EXPL AINED BEFORE CIT (A) AND NOTED BY HIM IN PARA 8 OF HIS ORDER THE ASSESSEE W AS UNDER BONAFIDE BELIEF THAT THE A. O. WILL KEEP THE ASSESSMENT PROCEEDINGS IN ABEYANCE TILL THE DISPOSAL OF SLP BY HONBLE APEX COURT BECAUSE THE A SSESSEE HAS MADE APPLICATION BEFORE THE AO UNDER SECTION 158A (1) AN D THE SAME WAS ACCEPTED BY THE AO. SHE ALSO SUBMITTED THAT IN ALL THESE SIX YEARS NOTICE U/S 148 WAS ISSUED BY THE AO ON 21.05.2008 AS NOTED BY THE AO H IMSELF IN THESE SIX ASSESSMENT ORDERS AND HENCE THE ISSUE OF NOTICE U/ S 148 IS TIME BARRED IN AT ITA NOS. 1932 TO 1937(BANG)2017 2 LEAST THREE YEARS UP TO A. Y. 2001 02 AND IN ALL THE YEARS THE ASSESSEE HAS A VERY GOOD PRIMA FACIE CASE ON MERIT AND THEREFORE IN THE INTEREST OF JUSTICE AND UNDER THE FACTS OF THE PRESENT CASE THE DELAY SHOU LD BE CONDONED AND THE MATTERS BE RESTORED TO CIT (A) FOR A DECISION ON ME RIT. LEARNED DR OF THE REVENUE SUPPORTED THE ORDER OF CIT (A). 3. I HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN VIEW OF THE FACTS NOTED BY CIT (A) IN PARA 8 OF HIS ORDER AND ALSO CONSIDERING THE FACTS OF THE CASE AS EXPLAINED BY THE LEARNED AR OF THE ASSESSEE I CONDONE THE DELAY IN FILING THE APPEALS BEFORE CIT (A) AND RESTORE ALL THESE MATTERS BEFORE CIT (A ) FOR A DECISION ON MERIT. I DO NOT MAKE ANY COMMENT ON THE MERIT. 4. IN THE RESULT ALL THESE SIX APPEALS OF THE ASSE SSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- ( A .K. GARODIA ) ACCOUNTANT MEMBER BANGALORE D A T E D : 29.11.2017 /MS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL BANGALORE.