The Kurukshetra Urban Cooperative Bank Ltd Kurukshetra v. Ito Kurukshetra

In The Income Tax Appellate Tribunal Chandigarh Benches Smc Chandigarh Before Ms Diva Singh Judicial Member Ita Nos 689 690 Chd 2017 A Y 2012 13 2013 14 The Kurukshetra Urban Cooperative Vs The Ito Bank Ltd Railway Road Ward 1 Kurukshetra Kurukshetra Pan No Actpp 6699 R Appellant Respondent Appellant By S Shri B M Monga Rohit Kaura Respondent By Shri Manjit Singh Sr Dr Date Of Hearing 20 11 2017 Date Of Pronouncement 15 12 2017 Order Both The Appeals Have Been Filed By The Assessee A Ssailing The Correctness Of The Separate Orders Dated 02 02 2017 Of Ld Cit Appeal S Karnal Pertaining To 2012 13 And 2013 14 Assessment Year On Identical Grounds For Ready Reference Grounds From Ita 689 Chd 2017 Are Being Reproduced Hereunder 1 That The Order Of Ld Cit A Is Against The Law And Facts Of The Case 2 That The Ld Cit A Is Not Justified In Upholding T He Order Of Ao Disallowing The Provision Of Liability Of Leave Enc Ashment Which Was Scientifically Based On The Actuarial Valuation By Actuaries Of Lic Of India Accounting Standards And Well Settled Law 2 The Ld Ar Inviting Attention To The Paper Book Filed On Behalf Of The Assessee Submitted That The Assessee Has Filed An Applicatio N For Admission Of Additional Evidence Which Is Contained At Paper Book Page No 1 Wherein The Actuarial Valuation Done By The Actuaries Of Lic Of India Is Placed At Pages 2 To 7 Inspection Reports Objections Of The Assessee By The Reserve Bank Of India Is Placed At Page 8 To 32 It Was His Submission That The Evidences May Be Admitted And The Order Be Pass Ed After Considering The Submissions Inviting Attention To The Impugned Reports It Was Submitted That They Are Identical For Both The Years It Was Submitted That The Assessee Was Represented By Different Counsels Who For Reasons Best Known To Them Despite The Assessee Ra Ising A Specific Ground Failed To File Evidence In Support Of This Claim On Account Of Whi Ch The Appeals Of The Assessee Were Dismissed For Want Of Evidence It Was His Limited Prayer That The Fresh Evidences May Be Admitted As These Are Relevant And Crucial For Deci Ding The Appeals And On Account Of The Lapses Of The Counsel Appearing Before The Cit A The Assessee Has Suffered Ita 689 690 Chd 2017 A Y 2008 09 Page 2 Of 2 3 The Ld Sr Dr On The Other Hand Relying Upon The Impugned Orders Submitted That The Assessee Has Consistently Failed To File Evidences Before The Ao Or The Cit A And As A Result The Order Is Ex Parte Order However Sinc E It Is Claimed That The Lapses On The Part Of The Counsel Who Appeared Before The Tax Authorities He Stated That He Would Have No Objection If The Fresh Evidences Are Admitted It Was His Submission That For Considering The Correctness Of The Same Issue May Be Left Open To The File Of The Cit A 4 I Have Heard The Submissions And Perused The Mat Erial Available On Record I Find That In The Facts Of The Present Case The Assessee Despite Putting Up Its Claim Did Not Place Supporting Evidences Before The Cit A Or For That Matter Before The Ao Accordingly Taking Note Of The Submissions On Behalf Of The Rev Enue The Fresh Evidences Are Admitted On The Correctness Of The Evidence The Issue Is L Eft Open Impugned Orders Accordingly Are Set Aside Back To The File Of The Cit A With A Direction To Pass A Speaking Order In Accordance With Law Taking The Fresh Evidences Into Consideration And Granting The Assessee A Reasonable Opportunity Of Being Heard It Is Hop Ed That The Opportunity So Provided Is Not Abused By The Assessee As In The Eventuality Of Abu Se Of The Same The Ld Cit A Would Be At Liberty Pass A Speaking Order On The Basis Of Mater Ial Available On Record Thus It Is Hoped That The Assessee In Its Own Interest Makes Full An D Proper Compliance Before The Said Authority 5 In The Result The Appeals Of The Assessee Are A Llowed For Statistical Purposes Order Pronounced In The Open Court On 15 12 2017 Sd Diva Singh Judicial Member Poonam Copy To 1 The Appellant 2 The Respondent 3 The Cit 4 The Cit A 5 The Dr Asstt Registrar Itat Chandigarh 1 Draft Dictated 20 11 2017 Sr Ps 2 Draft Placed Before Author 11 12 2017 Sr Ps 3 Approved Draft Comes To The Sr Ps Ps Sr Ps 4 Order Signed And Pronounced On 5 File Sent To The Bench Clerk Sr Ps 6 Date On Which File Goes To The Ar 7 Date On Which File Goes To The Head Clerk 8 Date Of Dispatch Of Order