2022 (5) TMI 1126

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Tax (Appeals) - 12, Kolkata [hereinafter referred to as 'CIT'] passed u/s. 250 of the Income Tax Act (hereinafter referred to as the 'Act'). 2. Since the facts and issues involved are identical, these appeal have been taken for disposal by this common order. For the sake of convenience ITA No. 1015/Kol/2019 is taken as lead case. The Revenue in this appeal has taken the following grounds of appeal: "1. On the facts and circumstances of the case, the CIT(A) erred in re-computing the net profit of the assessee as Rs. 33,42,414/- as against the net profit of Rs. 15,13,46,873/- showing by the assessee in its return of income. 2. On the facts and circumstances of the case, the CIT(A) erred in allowing expenses to the assesse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Assessing Officer, therefore, in the absence of books of account and documents and required verification etc. re-computed the net profits of the assessee at Rs. 15,13,46,873/- against nil income by disallowing the deduction claimed by the assessee u/s. 80IC of the Act. In appeal, the Ld. CIT(A) has given substantial relief to the assessee on assumptions and presumptions without appreciating the facts and evidences on file. The Ld. DR has further submitted that in exactly identical facts and circumstances, the Tribunal in the bunch of appeals with the lead case "DCIT vs M/s. Parasnath Coke Industries" in ITA No. 1021/Kol/2019 vide common order dated 02.03.2022 has restored the identical matters to the Assessing Officer for de novo assess....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....circumstances of the case, the CIT(A) erred in accepting the Cash Book which is a fresh submission made by the assessee before Ld. CIT(A), whereas it was required that an opportunity should have been given to the assessing officer, therefore, CIT(A) has violated the provisions of Rule 46A of the Income Tax Rules. 5. That the appellant craves the leave to add, alter, modify, include or delete any grounds of appeal." 3. At the outset, the Ld. DRs have submitted that these cases need to be restored to the file of Assessing Officer for de novo assessment. They have invited our attention to the impugned assessment orders as well as orders of the CIT(A) to submit that in these cases, during the assessment proceedings, the assessee could not f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gress at A.O's end, I decide the appeal on available materials". 6. Thereafter the ld. CIT(A) proceeded to decide the issues and he computed net profit of the assessee at Rs. 3,26,704/-. Now, the contention of the ld. DRs is that, in this case, neither books of account nor the relevant documents have been examined either by the Assessing Officer or by the Ld. CIT(A). It has been submitted that the Ld. CIT(A) has given substantial relief to the assessee on assumptions and presumptions of certain facts without appreciating the evidences on record. The Ld. DRs, therefore, have submitted that the matter may be restored to the file of the Assessing Officer for assessment afresh. It has been further submitted that since the facts in all t....