Ita/111/2018 Of Imran Khan v. Asst.commissioner Of Income Tax

02. 31.07.2019 ITA Nos. 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129 and 130 of 2018 Heard Mr. Panda, learned counsel for the appellant and Mr. R.S. Chimanka, learned counsel for the respondent-Income Tax Department. 2. Since the issue involved in all these appeals and the reliefs claimed for by the appellants are similar, they are taken up together for final disposal at this stage. 3. By way of all these appeals, the appellants have challenged the common order dated 16.04.2018 (Annexure-1) passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in I.T. Appeals No.13/CTK/2018 for the assessment year 2008-09, whereby the learned Tribunal in its order has dismissed the appeals of the assessees. 4. Learned counsel for the appellants has strongly relied upon the decision of the learned Income Tax Appellate Tribunal, Cuttack ‘SMC’ Bench, Cuttack, under Annexure-4, in Appeal Nos.370, 371 & 372/CTJ/2016, wherein the learned Tribunal has accepted the net profit of 2% at para-4, which reads as under: “4. In this appeal, the sole grievance of the assessee is that the CIT(A) is not justified in confirming the net profit as determined at 2.5% on the turnover. 5. At the time of hearing, ld. A.R. of the assessee submitted that the CIT (A) has quoted in para 2.1 of his order that the alternative submission of the assessee to reduce the percentage of profit to reasonable extent of 2% to 2.5% acceptable to the assessee. He submitted that in the case of Khusida Bibi for the assessment years 2009-10 to 2011-12, the CIT (A) has estimated the net profit by applying the rate of 2% and while estimating the net profit in the case of the present assessee for the A.Y. 2011-12, he has applied the net profit at 2.5% He further submitted that in the earlier assessment years 2009-10 & 2010-11, the CIT(A) has applied the net profit at 2% and hence, the net profit rate for the present assessment year i.e. 2011-12 should be applied at 2% on the turnover. 6. Ld. D.R. agreed to the above submission of the ld A.R. of the assesee. 7. In view of the above submission of ld A.R. of the assessee, I modify the order of ld CIT(A) and direct the Assessing Officer to assess the income of the assessee from trading of fish by applying the net profit of 2% on the turnover. 8. In the result, appeals the assessment years 2009-10 & 2010-11 are dismissed and appeal for assessment year 2011-12 is partly allowed.” 5. While considering the matter, the Tribunal has not disturbed at all the earlier decision of the Tribunal for the same assessees. 6. In our considered opinion, by changing the earlier view of the Tribunal for the same assessees raising profit from 2% to 5%, the Tribunal has not given any cogent reason and has not discussed at all the earlier judgment of the same assessees. Only on that ground the matters are required to be remitted back to the Tribunal for deciding the same afresh. Consequently, the impugned common order dated 16.04.2018 (Annexure-1) passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in I.T. Appeals No.13/CTK/2018 is quashed. All matters are remitted back to the Tribunal for fresh hearing. Now the assessees will appear before the Tribunal on SKJ 26.08.2019 and the Tribunal will dispose of the same within four months from the date of receipt of a copy of this order. 7. The ITAs are disposed of to extent indicated above. All connected Misc. Cases/I.As are also disposed of. Urgent certified copy of this order be granted on proper application. .…….......……………… ( K.S. Jhaveri ) Chief Justice …………………..……… (K.R. Mohapatra) Judge