Ita/30/2003 Of Commnr.income Tax v. Oriental Security

I.T.A. No.30 of 2003 03. 01.10.2015 Heard Mr.S.K.Acharya, learned Sr. Standing Counsel for the Income Tax Department (Appellant). In the present Appeal, challenge has been made to an order passed by the Income Tax Appellate Tribunal for the assessment years 1996-97, 1997-98 and 1998-99 under Annexure-3 whereby, the Tribunal ultimately directed restoration of the matter to the file of the AO with direction to the AO to frame fresh assessment after giving due opportunity to the assessee for hearing his part of submissions. Mr.Acharya, learned Standing Counsel for the Income Tax Department submits that the Tribunal without appreciating the facts of the case, has set aside the order of assessment as well as the appeal and remanded the matter for fresh assessment. On perusal of the assessment order, it is clear therefrom that admittedly, the assessment order was passed ex parte and the assessee had filed the appeal taking 26 grounds. We have also perused the First Appellate Order and find therefrom that, the First Appellate Authority also not applied his mind and merely has quoted from various portions of the order of assessment passed by the AO and affirmed the same. Although we find some substance in the submissions made by Mr.Acharya, learned Standing Counsel, inasmuch as, the ITAT has not given any detailed order, yet, we are of the considered view that since the ultimate result has been remanding of the matter to the AO for first assessment, no prejudice can be caused to the Department since the assessee will participate in the hearing, once notice is issued to him and will also be bound by the result thereof. Consequently, we find no point of law arise herein for the purpose of admitting the matter. Accordingly, the Appeal stands dismissed. ... I.Mahant y, J. ........ Dr.D.P.Choudh ury, J. Ranjan