Appeal details
Counselvise Citation
[2015] 123 COUNSELVISE.COM (IT) 1460 (ITAT-INDORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 5 month(s) 3 day(s)
Appellant
Respondent
Appeal Type
Cross Objection
Pronouncement Date
02-11-2015
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
DB
Next Hearing Date
19-10-2015
Assessment Year
2005-2006
Appeal Filed On
30-05-2014
Judgement Text
GURJEET SINGH CHHABRA ITA 129 AND CO28/IND/2014 1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER AND SHRI B.C. MEENA, HONBLE ACCOUNTANT MEMBER IT(SS)A NO. 129/IND/2014 A.Y. 2005-06 DCIT 3(1),INDORE ::: APPELLANT VS GURJEET SINGH CHHABRA INDORE ::: RESPONDENT CO NO. 28/IND/2014 ARISING OUT OF IT(SS)A NO.129/IND/2014 GURJEET SINGH CHHABRA INDORE ::: OBJECTORS VS DCIT 3(1),INDORE ::: RESPONDENT REVENUE BY SHRI RAJIV VARSHNEY ASSESSEE BY SHRI S.S. DESHPANDE DATE OF HEARING 19.10.2015 DATE OF PRONOUNCEMENT 2 .1 1 .2015 GURJEET SINGH CHHABRA ITA 129 AND CO28/IND/2014 2 O R D E R PER SHRI B.C. MEENA, AM THIS APPEAL FILED BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LEARNED CIT (A)- I, INDORE, DATED 20.1.2014. 2. THE ASSESSEE IS AN INDIVIDUAL. THE RETURN OF INCOME BY WAS FILED BY THE ASSESSEE DECLARING INCOME OF RS.3,74 ,161/. THE SEARCH AND SEIZURE OPERATION WAS CARRIED OUT AT THE BUSINESS AND RESIDENTIAL PREMISES OF GURJEET SINGH CHHABRA LOCATED AT AD-1, SCHEME NO. 74C, INDORE, ON 10-7- 2007. NOTICE U/S 153A OF THE ACT WAS ISSUED. THE ASSESSEE HAS SHOWN RECEIPT OF UNSECURED LOAN OF RS .10 LACS FROM LUNKAD MEDIA AND ENTERTAINMENT LIMITED AND RS.15 LACS FROM LUNKAD SECURITIES LIMITED. THE ASSES SING OFFICER MADE THE ADDITION OF RS.25 LACS. THE LEARNED CI T(A) CONFIRMED THE PART ADDITION BY HOLDING AS UNDER :- GURJEET SINGH CHHABRA ITA 129 AND CO28/IND/2014 3 7. AS PER ORDER SHEET NOTING DATED 13.11.2013, SHR I SANDEEP DESHPANDE, CAATTENDED AND EXPLAINED THAT IN RELATION TO LOAN OF RS. 15 LACS RECEIVED BY APPE LLANT FROM M/S LUNKAD SECURITIES LTD., THEY HAVE FILED AFFIDAVIT FROM DEPOSITORS, DEPOSITORS BANK ACCOUNT , COPY OF RETURN OF INCOME, COPY OF LEDGER ACCOUNT AN D ORDER OF HON'BLE ITAT IN CASE OF M/S NARMADA EXTRUSION P LTD. IN THE AFORESTATED DECISION THE HO N'BLE ITAT OBSERVED THAT IN VEIW OF THE FINDING OF SURVEY IN CASE OF LUNKAD GROUP, WHEREIN THE LUNKAD G ROUP WAS FOUND INVOLVED IN PROVIDING ACCOMMODATION ENTRIES, THE MATTER NEED TO BE RESTORED TO THE FILE OF A.O. FOR EXAMINATION OF MAIN PERSONS OF LUNKAD GROUP IN ORDER TO FIND THE TRUTH. IN THIS CASE ALSO, FOLLOWING SUC H DIRECTIONS OF HON'BLE ITAT THE MATTER WAS REMANDED BACK TO A.O. FOR EXAMINATION. THE A.O. HAS REPORTED IN THE REMAND REPORT DATED 09.01.2004 THAT MAIN PERSON S GURJEET SINGH CHHABRA ITA 129 AND CO28/IND/2014 4 OF LUNKAD GROUP ARE NOT TRACEABLE AT THEIR RESIDENTI AL ADDRESS OR ANY OTHER PLACE AND THEY ARE EVADING APPEARANCE. THE A.O. HAS SOUGHT MORE TIME WHICH CANNOT BE GRANTED AS SEVERAL OPPORTUNITIES WERE ALREADY GIVEN TO ASSESSING OFFICER. FOR FURNISHING REMAND REPORT. 8. IN ORDER SHEET NOTING DATED 13.11.2013, IT WAS ASKED TO APPELLANT TO FURNISH AFFIDAVIT FROM DEPOSI TOR, DEPOSITORS BANK ACCOUNT, COPY OF THEIR RETURN OF I NCOME AND COPY OF LEDGER ACCOUNT FOR LOAN OF RS.10 LACS RECEIVED FROM M/S LUNKAD MEDIA LTD. ON 28.11.2013 AS PER ORDER SHEET NOTING SHRI SANDEEP DESHPANDE, C A VERY FAIRLY SUBMITTED THAT SUCH DETAILS IN CASE OF M/S LUNKAD MEDIA LTD. COULD NOT BE FURNISHED BECAUSE THA T PARTY IS NOT COOPERATING. THEREFORE, EVEN BASIC DET AILS ABOUT M/S LUNLAD MEDIA LTD. COULD NOT BE FURNISHED BY APPELLANT AND GENUINENESS & CREDITWORTHINESS COULD GURJEET SINGH CHHABRA ITA 129 AND CO28/IND/2014 5 NOT BE ESTABLISHED. HENCE ADDITION OF RS.10 LAKH U/ S 68 OF IT ACT AS MADE BY A.O. IS HEREBY CONFIRMED. 9. SO FAR AS LOAN OFRS.15 LAKH RECEIVED FROM M/S LUNAKD SECURITIES LTD. IS CONCERNED, APPELLANT HAD FURNISHED AFFIDAVIT FROM DEPOSITOR, DEPOSITORS BAN K ACCOUNT, COPY OF RETURN OF INCOME FILED BY DEPOSITO R, COPY OF LEDGER A/LEARNED CIT(A) CERTIFICATE OF INCORPORATION AND CERTIFICATE OF REGISTRATION & NOT HING ADVERSE WAS REPORTED BY A.O. IN SUCH DETAILS, HENCE APPELLANT HAS SUFFICIENTLY DISCHARGED HIS BURDEN IN RELATION TO UNSECURED LOAN OF RS.15 LAKH AND SUCH ADDITION MADE BY A.O. IS HEREBY DELETED. HENCE GROUND NO. 2 OF APPEAL IS PARTLY ALLOWED AS OUT OF TOTAL ADDITION OF RS.25 LAKH,. ADDITION OF RS. 15 LAKH IS DELETED & ADDITION OF RS.10 LAKH IS CONFIRMED. 3. THE REVENUE IS IN APPEAL ON THE GROUND THAT THE LEARNED CIT(A) HAS ERRED IN RESTRICTING THE ADDITION O F RS.10 GURJEET SINGH CHHABRA ITA 129 AND CO28/IND/2014 6 LAKHS OUT OF TOTAL ADDITION OFRS.25 LAKHS MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINED CASH CREDI T U/S 68 OF THE ACT WHEREAS THE ASSESSEE HAS FILED THE C ROSS OBJECTION ON THE GROUND THAT THE LEARNED CIT(A) HAS ER REDIN UPHOLDING THE ADDITION OF RS. 10 LAKHS FROM M/S M/S LUNLAD MEDIA LTD. WHEN THE CONFIRMATION WAS FILED. 4. AT THE OUTSET OF THE HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE THE DEPOSITOR WAS NO T COOPERATING, THEREFORE, THE ASSESSEE COULD NOT FILE T HE REQUISITE DETAILS IN RESPECT OF M/S LUNLAD MEDIA AND ENTERTAINMENT LTD. THIS WAS BEYOND THE CONTROL OF TH E ASSESSEE. NOW THE DEPOSITOR HAS ASSURED FOR COOPERATION , THEREFORE, THE ASSESSEE SHALL BE ABLE TO FURNISH DETAIL S AS REQUIRED BY THE ASSESSING OFFICER. THEREFORE, THE MAT TER MAY BE RESTORED TO THE FILE OF THE ASSESSING OFFICE R. 5. ON THE OTHER HAND, THE LEARNED DR SUBMITTED THAT SINCE THE ISSUE INVOLVED IS WITH REGARD TO DEPOSITS FROM GURJEET SINGH CHHABRA ITA 129 AND CO28/IND/2014 7 LUNKAD GROUP OF COMPANIES WHICH ARE ENGAGED IN PROVIDIN G ACCOMMODATION ENTRIES, THEREFORE, IF THE MATTER IS RE STORED TO THE FILE OF THE ASSESSING OFFICER THEN THE ISSUE INVOLVED IN THE REVENUES APPEAL SHOULD ALSO GO ALONG WITH THE SAME. THE LEARNED AR WAS NOT HAVING ANY OBJECTION TO IT. 6. AFTER HEARING BOTH THE SIDES, WE FIND IT APPROPRI ATE TO RESTORE ALL THE ISSUES RAISED IN THE APPEAL OF THE REVE NUE AS WELL AS CROSS OBJECTION FILED BY THE ASSESSEE TO THE FILE OF THE ASSESSING OFFICER FOR DECIDING DE NOVO AFTER PROVID ING OPPORTUNITY TO THE ASSESSEE. 7. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE CR OSS OBJECTION OF THE ASSESSEE STAND ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN OPEN COURT ON 2 ND NOVEMBER, 2015 SD/- SD/- (D.T. GARASIA) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER 2 ND NOVEMBER, 2015 GURJEET SINGH CHHABRA ITA 129 AND CO28/IND/2014 8 DN/-
