The ITO, Ward-7(!), Ahmedabad V. Shri Momin Rasulbhai Husenbhai, Ahmedabad

ITA 1047/AHD/2011

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 6941 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 18-11-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 08-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Section: 147

Judgement Text

, , , , B, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, B BENCH . .. . . .. . , !' !' !' !', , , , #$ %&'( #$ %&'( #$ %&'( #$ %&'(, , , , )* + ) ' )* + ) ' )* + ) ' )* + ) ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER) ITA NO.1047/AHD/2011 WITH CO NO.134/AHD/2011 [ASSTT.YEAR : 2006-2007] ITO, WARD-7(1) AHMEDABAD. /VS. SHRI MOMIN RASULBHAI HUSENBHAI 14, SHARIFABAD CO-OP. HSG. SOCIETY LTD. NR. SAMI KAMDAR SOCIETY VEJALPUR, AHMEDABAD. PAN : ALFPM 4880 L ( (( ( -. -. -. -. / APPELLANT) ( (( ( /0-. /0-. /0-. /0-. / RESPONDENT) + 1 2 ) / REVENUE BY : SHRI V.K. SINGH, DR 4& 1 2 ) / ASSESSEE BY : SHRI TEJ SHAH 5 1 &(* / DATE OF HEARING : 18 TH NOVEMBER, 2014 678 1 &(* / DATE OF PRONOUNCEMENT : 19/12/2014 )9 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL BY THE REVENUE AND THE CO BY THE ASSESSEE FOR THE ASSTT.YEAR 2006- 2007 ARE DIRECTED AGAINST THE ORDER OF THE CIT(A). THESE ARE BEIN G DISPOSED OF WITH THIS CONSOLIDATED ORDER. ITA NO.1047/AHD/2011 (REVENUES APPEAL) ITA NO.1047/AHD/2011 WITH CO -2- 2. THE GROUNDS OF THE APPEAL OF THE REVENUE ARE AS UNDER: 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN SETTING ASIDE THE ASSESSMENT U/S.143(3) RWS 147 DATED 24.12.2009 IN CONTRAVENTION OF PROVISIONS OF SEC.251 2. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN D ELETING THE ADDITION OF RS.21,35,000/- MADE U/S.68 BEING UNEXPL AINED CASH DEPOSIT IN BANK ACCOUNT. 3. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN D ELETING THE ADDITION OF RS.1,08,480/- MADE U/S.68 BEING UNEXPLA INED CASH CREDIT IN THE NAME OF KARIMBHAI H. MOMIN. 3. THE LEARNED DR HAS RELIED ON THE ORDER OF THE AO . HE REFERRED TO THE RELEVANT PORTIONS OF THE ASSESSMENT ORDER IN SUPPOR T OF THE CASE OF THE REVENUE. THE LEARNED COUNSEL FOR THE ASSESSEE SUBM ITTED THAT NO NOTICE UNDER SECTION 143(2) WAS ISSUED IN THIS CASE, AND T HEREFORE, THE CIT(A) HAS RIGHTLY CANCELLED THE ASSESSMENT FRAMED IN THIS CAS E, AND THEREFORE, THERE IS NO NECESSITY IN GOING INTO THE MERITS OF THE CASE A ND THE ORDER OF THE CIT(A) MAY BE CONFIRMED. THE LEARNED DR IN HIS REJ OINDER SUBMITTED THAT IT IS CORRECT THAT AS PER THE REPORT OF THE AO, NO NOTICE UNDER SECTION 143(2) WAS ISSUED TO THE ASSESSEE. HOWEVER, THE ASSESSEE HAS NOT RAISED ANY SUCH OBJECTION DURING THE ASSESSMENT PROCEEDINGS. HE HA S FILED COPY OF THE LETTER DATED 5.5.2014 WRITTEN BY THE AO TO THE LEAR NED DR TO THIS EFFECT. 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AO AND THE CIT(A). THE LETTER OF THE AO DATED 5.5. 2014 ADDRESSED TO THE LEARNED DR IS REPRODUCED HEREUNDER: KINDLY REFER TO THE LETTER NO.SR.DR/(ITAT)-II/MRH/ B BENCH/ 2014-15 DTD.24/04/2014 ON THE ABOVE MENTIONED SUBJE CT. 2. THE ASSESSEE HAS FIELD HIS ORIGINAL RETURN OF I NCOME FOR A.Y.2006-07 ON 06/10/2006 SHOWING TOTAL INCOME OF R S.1,10,995/-. THE CASE WAS REOPENED U/S.147 OF THE ACT ON THE BAS IS OF AIR ITA NO.1047/AHD/2011 WITH CO -3- INFORMATION IN RESPECT OF CASH DEPOSITED AMOUNT OF RS.21,35,000/- IN SAVING BANK ACCOUNT BY THE ASSESSEE. THE NOTICE U/ S.148 OF THE ACT DATED 15/07/2008 WAS ISSUED AND SERVED UPON THE ASS ESSEE. THE ASSESSEE DID NOT FILE HIS RETURN OF INCOME IN RESPO NSE TO THE NOTICE U/S.148 OF THE ACT WITHIN 30 DAYS FROM THE DATE OF RECEIPT OF NOTICE U/S.148 OF THE ACT. THEREFORE, NOTICES U/S.142(1) OF THE IT ACT DTD.22/09/2009, 06/10/2009 AND SHOW CAUSE DTD.14/12 /2009 WERE ISSUED AND SERVED UPON THE ASSESSEE. ON PERUSAL OF RECORDS NO NOTICE U/S.143(2) OF THE ACT WAS ISSUED TO THE ASSE SSEE AND THE ASSESSEE HAS ALSO NOT RAISED ANY OBJECTION DURING T HE COURSE OF ASSESSMENT PROCEEDINGS. THE CASE RECORDS IS ENCLOS ED HEREWITH. IN VIEW OF THE SUBMISSION OF THE LEARNED DR AND THE CONTENTS OF THE LETTER DATED 5.5.2014 OF THE AO (REPRODUCED ABOVE) THAT NO NOTICE UNDER SECTION 143(2) WAS ISSUED TO THE ASSESSEE IN THIS CASE, WE ARE OF THE VIEW THAT THE ASSESSMENT WAS RIGHTLY CANCELLED BY THE CIT(A), AND ACCORDINGLY HIS ORDER ON THIS ISSUE IS CONFIRMED IN CANCELLING THE ASSESS MENT FRAMED IN THIS CASE. WE ARE NOT ADJUDICATING OTHER ISSUES RAISED ON THE MERIT OF THE ADDITION MADE IN THIS CASE BY THE REVENUE. CO NO.134/AHD/2014 (ASSESSEES CO) 5. THE LEARNED COUNSEL FOR THE ASSESSEE HAS NOT PRE SSED THE GROUNDS OF THE CO, AND ACCORDINGLY, THE CO OF THE ASSESSEE IS DISMISSED. 6. IN THE RESULT, APPEAL OF THE REVENUE AND THE CO OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT