9911796707
TMI Blog2012 (10) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... e on other manufacturing activities undertaken by it. Regarding the amount of double addition and double taxation, suffice it to say that these are the matters to be gone into by the AO while passing the assessment order afresh after due consideration of the material on record. - remand order as passed by ITAT sustained. - D B Income Tax Appeal No. 222/2011 - - - Dated:- 10-7-2012 - Arun Mishra and Sangeet Lodha, JJ L.M. Lodha, Adv. for the Appellant JUDGEMENT Sangeet Lodha, J 1. This appeal u/s 260 A of Income Tax Act, 1961 (for short "the Act") is directed against the order dated 28.7.11 of the Income Tax Appellate Tribunal(ITAT), Jodhpur Bench,Jodhpur in Income Tax Appeal No.825/JU/1997, dismissing the appeal file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. had credited an amount of Rs.8 lacs towards the assessee in Excise Duty account. It was also observed by the AO that the assessee did not raise any debit note on M/s. Plasto Packs International Pvt. Ltd. with regard to the sum of Rs.8 lacs. But, the AO did not deal with the matter while passing the assessment order in the case of the assessee for Assessment Year 1992-93. The CIT also observed that as a matter of fact, the assessee had demanded Rs.8 lacs from its sister concern vide letter dated 21.3.92. The position as aforesaid was also indicated in the order of CIT dated 10.2.97 passed in Appeal No.20/96-97 for Assessment Year 1993-94. In these circumstances, CIT being satisfied that an amount of Rs.8 lacs was taxable in the hands of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment year 1992- 93. 5. After due consideration of the facts and circumstances of the case and the explanation furnished by the assessee as aforesaid, the CIT arrived at the finding that the AO was not justified in not taking any action for including the amount of Rs.8 lacs in the hands of the assessee during the relevant assessment year, particularly when that the assessment of the sister concern M/s. Plasto Packs International Pvt. Ltd. was completed on the same date. Accordingly, on account of non inclusion of the income of Rs.8 lacs as assessee's income during the relevant assessment year, the AO holding the assessment order erroneous and prejudicial to the interest of the revenue while setting aside the said order, directed AO to pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs.8 lacs till this date, which is presumed to be income of the assessee and therefore, CIT has seriously erred in holding the assessment order passed by AO in the case of the assessee for the relevant assessment year as erroneous and prejudicial to the interest of the revenue to this extent. Learned counsel submitted that any addition to the income of the assessee as proposed will amount to double addition and double taxation which is not permissible under the law. 8. We have considered the submissions of the learned counsel for the appellant and perused the order impugned. 9. Indisputably, Section 263 of the Act empowers CIT to initiate the proceedings for revision of order passed by AO if the twin condition namely, (i) the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e AO on 28.2.95. It is a matter of record that in the assessment order of the assessee's sister concern, it was categorically observed by the AO that it had credited an amount of Rs.8 lacs towards the assessee in Excise Duty account. AO also observed that the assessee did not raise any debit note on M/s. Plasto Packs International Pvt. Ltd. with regard to the amount due against the Excise Duty a sum of Rs.8 lacs. That apart, the factum of specific demand of Rs.8 lacs being raised by the assessee from its sister concern towards the amount of Excise Duty was also there on record in the form of a letter dated 21.3.92 sent by the assessee to its sister concern. Thus, on the facts and in the circumstances of the case, the AO should have made the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bare perusal of the order impugned makes it abundantly clear that the matter relates only to the amount of Excise Duty to be reimbursed by the assessee's sister concern M/s. Plasto Packs International Pvt. Ltd. in regard to job work and not with regard to any liability of Excise Duty borne by the assessee on other manufacturing activities undertaken by it. Regarding the amount of double addition and double taxation, suffice it to say that these are the matters to be gone into by the AO while passing the assessment order afresh after due consideration of the material on record. Obviously, the fresh assessment order shall be passed by the AO after giving an opportunity of hearing to the assessee and it is always open for the assessee to place ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
