Shri Pravin Naranbhai Patel, Ahmedabad V. The Dy.CIT.,Circle-14, Ahmedabad

CO 259/AHD/2010

• Counselvise Citation: [2013] 122 COUNSELVISE.COM (IT) 8612 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 17 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 31-07-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 12-07-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 13-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S N DIVATIA
• Assessee Lawyers: O P BATHEJA

Judgement Text

CO. NO 259 /AHD/2010 . A.Y. 2007 - 08 1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (BEFORE SHRI G.C.GUPTA VICE PRESIDENT & SHRI ANIL C HATURVEDI, A.M.) CO. NO. 259 /AHD/2010 (ASSESSMENT YEAR: 2007-08) SHRI PRAVIN NARANBHAI PATEL 22, SILVER HOME, NR. SCIENCE CITY WATER TANK GALI, SOLA, AHMEDABAD (APPELLANT) VS. THE D.C.I.T, CIRCLE-14, AHMEDABAD (RESPONDENT) PAN: AGAOO2018H APPELLANT BY : SHRI O.P. BATHEJA SR. D.R. RESPONDENT BY : SHRI S.N. DIVATIA A.R. ( )/ ORDER DATE OF HEARING : 12-07-201 3 DATE OF PRONOUNCEMENT : 31 -07-2013 PER SHRI ANIL CHATURVEDI,A.M. 1. THIS C.O. IS FILED BY THE ASSESSEE AGAINST THE ORDE R OF CIT(A)-XXI, AHMEDABAD DATED 20.05.2010 FOR ASSESSMENT YEAR 2007 -08. 2. THE GROUNDS RAISED BY ASSESSEE IN CO READS AS UNDER :- 1.1 THE LD. CIT(A) HAS ERRED IN LAW AND OR ON FACTS IN UPHOLDING THAT THE ADDITION OF RS. 60,000/- AS UNEXPLAINED INCOME OUT OF THE ADDITION OF RS. 1,20,000/- MADE BY ASSESSING OFFICER. 2. THAT IN THE FACTS AND CIRCUMSTANCES OF THE CA SE THE LD. CIT(A) OUGHT NOT TO HAVE UPHELD THE ADDITION OF RS. 60.000/-. CO. NO 259 /AHD/2010 . A.Y. 2007 - 08 2 3. WE HAVE HEARD THE RIVAL SUBMISSIONS. THE ISSUES IN THE APPEAL OF THE REVENUE FOR A.Y. 2007-08 IN ITA NO. 2408/AHD/2010 V IDE ORDER DATED 26.07.2013 HAS ALREADY BEEN RESTORED TO THE FILE OF ASSESSING OFFICER FOR FRESH ADJUDICATION AND THEREFORE WE ARE OF THE VIEW THAT THE ISSUES IN THE PRESENT CO OF THE ASSESSEE MAY ALSO BE RESTORED TO THE FILE OF AO. THUS THE CO OF THE ASSESSEE IS ALLOWED FOR STATISTICAL P URPOSES. 4. IN THE RESULT, THE CO OF THE ASSESSEE IS ALLOWED FO R STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 31- 07 -2013. SD/- SD/- (G.C.GUPTA) (ANIL CHATURVEDI) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD. TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT ,AHMEDABAD