G.J. Trading P. Ltd, Hyderabad v. DCIT, Hyderabad

ITA 90/HYD/2011 | 2006-2007
Pronouncement Date: 08-07-2011 | Result: Allowed

Appeal Details

RSA Number 9022514 RSA 2011
Assessee PAN AAACG7620H
Bench Hyderabad
Appeal Number ITA 90/HYD/2011
Duration Of Justice 5 month(s) 20 day(s)
Appellant G.J. Trading P. Ltd, Hyderabad
Respondent DCIT, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 08-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 08-07-2011
Date Of Final Hearing 16-06-2011
Next Hearing Date 16-06-2011
Assessment Year 2006-2007
Appeal Filed On 19-01-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A' HYDERABAD BEFORE SHRI G.C. GUPTA VICE PRESIDENT & SHRI CHANDRA POOJARI ACCOUNTANT MEMBER I.T.A. NO. 90/HYD/2011 ASSESSMENT YEAR 2006-07 M/S. G.J. TRADING P. LTD. HYDERABAD PAN: AAACG7620H VS. DY. COMMISSIONER OF I.T. CIRCLE-2(2) HYDERABAD APPL IC ANT RESPONDENT APPELLANT BY: SHRI P. MURALI MOHAN RAO RESPONDENT BY: SMT. NIVEDITA BISWAS O R D E R PER G.C. GUPTA VP : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YE AR 2006-07 IS DIRECTED AGAINST THE ORDER OF THE CIT(A )-III HYDERABAD DATED 25.11.2010. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE INCOME OF THE ASSESSEE HAS BEEN ESTIMATED BY THE ASSESSING OFFICER BY APPLYING A FLAT RATE OF NET PROF IT WHICH WAS NOT JUSTIFIED IN THE FACTS OF THE CASE. HE SUBMITT ED THAT THE EX-PARTE ASSESSMENT U/S. 144 OF THE ACT WAS FRAMED BY THE ASSESSING OFFICER AND LIKEWISE THE CIT( A) ALSO PASSED THE APPELLATE ORDER EX-PARTE QUA THE ASSE SSEE. HE SUBMITTED THAT IN ALL FAIRNESS THE ASSESSEE SHOULD BE PROVIDED WITH AN OPPORTUNITY TO PLEAD ITS CASE BEFORE THE ASSESSING OFFICER. 3. THE LEARNED DR HAS RELIED ON THE ORDERS OF THE ASSESSING OFFICER AND THE CIT(A). I.T.A. NO. 90/HYD/2011 M/S. G.J. TRADING P. LTD. ================== 2 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS CAREFULLY. WE FIND THAT THE ORDER OF THE ASSESSING OFFICER WAS PA SSED U/S. 144 OF THE ACT FRAMING THE ASSESSMENT EX-PARTE AN D LIKEWISE THE ORDER OF THE CIT(A) WAS ALSO PASSED EX-P ARTE QUA THE ASSESSEE. IN THE FACTS OF THE CASE WE ARE OF THE VIEW THAT THE ASSESSEE MAY BE ALLOWED ONE MORE OPPORTUNITY TO PLEAD ITS CASE BEFORE THE ASSESSING OFFI CER. THE LEARNED COUNSEL FOR THE ASSESSEE HAS TAKEN AN UNDERTAKING THAT THE ASSESSEE WILL CO-OPERATE WITH THE DEPARTMENT IN THE MATTER OF FRAMING OF ASSESSMENT IN ITS CASE. IN THESE FACTS OF THE CASE WE ARE OF THE VIEW THAT IT SHALL BE IN THE INTEREST OF JUSTICE TO PROVIDE ONE MORE OPPORTUNITY TO THE ASSESSEE TO PLEAD ITS CASE BEFORE TH E ASSESSING OFFICER AND ACCORDINGLY THE ORDERS OF THE AUTHORITIES BELOW ARE SET ASIDE AND THE MATTER IS RESTOR ED BACK TO THE FILE OF THE ASSESSING OFFICER WITH THE DIR ECTION TO FRAME A DE NOVO ASSESSMENT IN ACCORDANCE WITH LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE IS DIRECTED TO FULLY CO-OPE RATE WITH THE ASSESSING OFFICER IN THE MATTER OF FINALISING OF I TS ASSESSMENT AND NOT TO TAKE UNNECESSARY ADJOURNMENTS DURING THE ASSESSMENT PROCEEDINGS. WE DIRECT ACCORDI NGLY. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLOWED F OR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JULY 2011. SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER SD/- (G.C. GUPTA) VICE PRESIDENT HYDERABAD DATED 8 TH JULY 2011 TPRAO I.T.A. NO. 90/HYD/2011 M/S. G.J. TRADING P. LTD. ================== 3 COPY FORWARDED TO: 1. M/S. G.J. TRADING P. LTD. C/O. M/S. P. MURALI & CO. CHARTERED ACCOUNTANTS 6-3-655/2/3 1 ST FLOOR SOMAJIGUDA HYDERABAD-82. 2. THE DY. CIT CIRCLE-2(2) HYDERABAD. 3. THE CIT(A)-III HYDERABAD 4 THE CIT-II HYDERABAD. 5. THE DR A BENCH ITAT HYDERABAD `