Radiance Spun Bond Pvt.Ltd.,, Surat v. The Income tax Officer,Ward-4(1),, Surat

ITA 730/AHD/2012 | 2008-2009
Pronouncement Date: 04-10-2013 | Result: Allowed

Appeal Details

RSA Number 73020514 RSA 2012
Assessee PAN AADCR3401J
Bench Ahmedabad
Appeal Number ITA 730/AHD/2012
Duration Of Justice 1 year(s) 6 month(s) 7 day(s)
Appellant Radiance Spun Bond Pvt.Ltd.,, Surat
Respondent The Income tax Officer,Ward-4(1),, Surat
Appeal Type Income Tax Appeal
Pronouncement Date 04-10-2013
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 04-10-2013
Date Of Final Hearing 03-10-2013
Next Hearing Date 03-10-2013
Assessment Year 2008-2009
Appeal Filed On 28-03-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD (BEFORE SHRI A. MOHAN ALANKAMONY AM AND SHRI KUL B HARAT JM) ITA NO.730/AHD/2012 A. Y.: 2008-09 RADIANCE SPUN BOND PVT. LTD. 318 SHREE RAM MARKET RING ROAD SURAT. P. A. NO. AADCR3401J VS THE INCOME TAX OFFICER WARD 4(1) SURAT (APPELLANT) (RESPONDENT) APPELLANT BY SHRI K. R. GHEEWALA A.R. RESPONDENT BY SHRI K. C. MATHEWS SR. DR DATE OF HEARING: 03-10-2013 DATE OF PRONOUNCEMENT: 04-10-2013 O R D E R PER A. MOHAN ALANKAMONY: THIS APPEAL IS FILED BY THE ASSESSEE AGGRIEVED BY THE ORDER OF THE LEARNED CIT( A)-IV SURAT IN APPEAL NO.CAS-IV/159/10-11 DATED 28-11-2011 FOR TH E ASSESSMENT YEAR 2008-09. THE ASSESSEE HAS RAISED THREE GROUND S IN ITS APPEAL AND THEY ARE REPRODUCED HEREIN BELOW FOR OUR CONSID ERATION: ON THE FACTS & CIRCUMSTANCES OF THE CASE & THE LAW ON THE SUBJECT 1. CONCEDING THE APPELLANTS MISTAKE IN NOT INTIMAT ING NEW ADDRESS THE LEARNED C.I.T.(A) HAS ALSO GROSSLY ERRED IN DECIDING THE APPEAL EX-PARTY ON THE GROUNDS OF RETURN OF NOTICE ESPECIALLY WHEN DETAIL S OF APPELLANTS CHARTERED ACCOUNTANTS WHO HAD FILED THE APPEAL WERE AVAILABLE ON RECORDS. ITA NO.730/AHD/2012 (AY 2008-09) RADIANCE SPUN BOND PVT. LTD. VS ITO W-4(1) SURAT 2 2. THE LEARNED CIT(A) HAS ERRED IN CONFIRMING & THE LEARNED A.O. HAS GROSSLY ERRED IN MAKING ADDITION ON ACCOUNT OF DIFFERENCE IN VALUATION OF WORK IN PROGRESS AS GIVEN TO BANK AND AS SHOWN IN BOOKS OF ACCOUNTS OF THE APPELLANT. RELIEFS PRAYED FOR (A.Y. 2008-09) (ITAT) 1. ADDITION OF RS. 3363998/- MADE ON THE BASIS OF STOCK STATEMENT SUBMITTED TO THE BANK MAY PLEASE BE HELD TO BE ERRONEOUS AND ILLEGAL & MAY PLEASE BE DELETED. 2. AT THE OUTSET LD. A.R. SUBMITTED THAT THE LD. C IT(A) HAS PASSED AN EX PARTE ORDER WITHOUT AFFORDING SUFFICIENT OPPO RTUNITY TO THE ASSESSEE OF BEING HEARD. HE THEREFORE PLEADED TH AT ONE MORE OPPORTUNITY MAY BE GIVEN TO THE ASSESSEE IN ORDER T O REPRESENT ITS APPEAL. 3. LD. D.R. STRONGLY OBJECTION TO THE SUBMISSION OF LD. A.R. AND ARGUED STATING THAT NOTICE WAS ISSUED TO THE ASSESS EE IN THE ADDRESS MENTIONED IN FORM 35. HOWEVER THE NOTICE WAS RECE IVED BACK AS UN-SERVED WITH THE COMMENT THAT THE COMPANY WAS CLO SED. THEREFORE IT WAS APPARENT THAT THE ASSESSEE WAS NO T INTERESTED TO PURSUE THE APPEAL AND HENCE ONE MORE OPPORTUNITY M AY NOT BE GIVEN TO THE ASSESSEE AND THE ORDER OF THE LD. CIT(A) MAY BE CONFIRMED. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFU LLY PERUSED THE MATERIAL ON RECORD. IT APPEARS THAT THE COMPANY HA S SHIFTED ITS OFFICE WITHOUT INTIMATING THE REVENUE WHICH RESULTED IN TH E EX PARTE ORDER OF THE LD. CIT(A). THIS ACT OF THE ASSESSEE CAN BE ON LY CONSTRUED AS ITS NEGLIGENCE. HOWEVER IN THE INTEREST OF JUSTICE W E HEREBY GRANT ONE MORE OPPORTUNITY TO THE ASSESSEE AND REMIT BACK THE MATTER BACK TO ITA NO.730/AHD/2012 (AY 2008-09) RADIANCE SPUN BOND PVT. LTD. VS ITO W-4(1) SURAT 3 THE FILE OF LD. CIT(A) FOR DE NOVO CONSIDERATION. WE ALSO DIRECT THE ASSESSEE TO PROMPTLY CO-OPERATE WITH THE REVENUE IN ITS PROCEEDING IN ORDER TO EXPEDITE THE ORDER OF THE LD. CIT(A). IT IS ORDERED ACCORDINGLY. 3. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 04.10.2013 SD/- SD/- (KUL BHARAT) JUDICIAL MEMBER (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER S. K. SINHA/- TRUE COPY COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR ITAT AHMEDABAD 6. GUARD FILE BY ORDER DY. REGISTRAR ITAT AHMEDABAD