DCIT, C.C.-XXI, Kolkata v. M/s. Bhaskar Shrachi Alloys Ltd., Kolkata

ITA 2036/KOL/2008 | 2004-2005
Pronouncement Date: 23-04-2010

Appeal Details

RSA Number 203623514 RSA 2008
Bench Kolkata
Appeal Number ITA 2036/KOL/2008
Duration Of Justice 1 year(s) 5 month(s) 8 day(s)
Appellant DCIT, C.C.-XXI, Kolkata
Respondent M/s. Bhaskar Shrachi Alloys Ltd., Kolkata
Appeal Type Income Tax Appeal
Pronouncement Date 23-04-2010
Appeal Filed By Department
Bench Allotted C
Tribunal Order Date 23-04-2010
Assessment Year 2004-2005
Appeal Filed On 14-11-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA [BEFORE HONBLE SRI D. K. TYAGI JM & HONBLE SRI C . D. RAO AM] I.T.A. NO.2036/KOL/2008 ASSESSMENT YEAR: 2004-05 DEPUTY COMMISSIONER OF INCOME-TAX -VS- M/S. BHAS KAR SHRACHI ALLOYS LTD. CENTRAL CIRCLE-XXI KOLKATA. (PA NO.AABCB 8956 C ) (APPELLANT) (RESPONDENT) APPELLANT BY : SRI NEERAJ SINGH RESPONDENT BY : SRI SUBHAS AGARWAL O R D E R PER D. K. TYAGI JM: THIS APPEALS PREFERRED BY THE REVENUE IS DIRECTED A GAINST THE ORDER OF THE LD. CIT(A) KOLKATA DATED 29.08.2008 FOR ASSESSMENT YEA R 2004-05 ON THE FOLLOWING GROUNDS : 1.THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN DELETING DISALLOWANCES U/S. 43B OF THE ACT OF RS.6 11 867/-. 2. THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN DELETING DISALLOWANCES OF PROPORTIONATE INTEREST OF RS.24 67 325/-. 3. THAT IN THE FATS AND CIRCUMSTANCES OF THE CASE A ND IN LAW THE LD. CIT(A) HAS ERRED IN ACCEPTING ADDITIONAL EVIDENCES FROM THE ASSESSEE ON BOTH THE DISALLOWANCES UNDER SECTION 43B OF THE ACT OF RS.6 11 867/- AND DISALLO WANCES OF PROPORTIONATE INTEREST OF RS.24 67 325/- AND ACTED THEREUPON WHICH IS IN CONT RAVENTION OF RULE 46A. 2. AT THE TIME OF HEARING BEFORE US THE LD. DR SUB MITTED THAT THE LD. CIT(A) HAS GIVEN RELIEF TO THE ASSESSEE BY SIMPLY ACCEPTING TH E ASSESEES CONTENTION WITHOUT PROVIDING ANY OPPORTUNITY TO THE AO. TO THIS SUBMI SSION OF THE LD. DR THE LD. COUNSEL FOR THE ASSESSEE DID NOT SERIOUSLY OBJECT. HENCE IN THE INTEREST OF NATURAL JUSTICE AND FAIR PLAY THE MATTER IS RESTORED BACK TO THE FILE OF THE LD. CIT(A) TO ADJUDICATE AFRESH AFTER AFFORDING REASONABLE OPPORT UNITY OF BEING HEARD TO BOTH THE PARTIES. THEREFORE THE APPEAL OF THE REVENUE IS AL LOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT THE APPEAL IS ALLOWED FOR STATIS TICAL PURPOSES. 4. THE ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (C. D. RAO) (D. K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 23RD APRIL 2010 2 COPY TO : 1. DCIT CENTRAL CIRCLE-XXI KOLKATA. 2. M/S. BHASKAR SHRACHI ALLOYS LTD. 8/1 MIDDLETON RO W KOLKATA-71. 3. CIT(A) KOLKATA 4. CIT KOLKATA. 5. D.R. ITAT KOLKATA. TRUE COPY BY ORDER DEPUTY REGISTRAR JD.(SR.P.S.) I.T.AT. KOLKATA