Shri Damodar V Sarangla, GANDHIDHAM V. The Income Tax Officer, Ward 2, GANDHIDHAM

ITA 1188/RJT/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 2956 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 29-12-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 22-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAI RAJ KUMAR
• Assessee Lawyers: M P SARDA
• Keywords: Additional evidence
• Section: 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI D.T. GARASIA (JM) I.T.A. NO. 1188/RJT/2009 (ASSESSMENT YEAR 2005-06) SHRI DAMODAR V SARANGLA VS ITO, WD.2 PLOT NO.40, WD.NO.10/A GANDHIDHAM GANDHIDHAM PAN : ABMPD7930A (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MP SARDA RESPONDENT BY: SHRI JAI RAJ KUMAR O R D E R A.L. GEHLOT : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A)-II, RAJKOT FOR THE ASSESSMENT YEAR 2005-06. 2. THE SOLE EFFECTIVE GROUND RAISED IN THE APPEAL A GITATES THE ADDITION OF RS.2,60,000 MADE U/S 69 ON ACCOUNT OF UNEXPLAINED I NVESTMENT. THE FACTS IN BRIEF ARE THAT IN THE COURSE OF ASSESSMENT PROCEEDINGS THE AS SESSING OFFICER NOTICED THAT THE ASSESSEE HAS INVESTMENT OF RS.2.20 LAKH IN TDR AND RS.40,000 IN NSCS TOTALING RS.2,60,000. THE ASSESSEE EXPLAINED THE SOURCES AS OUT OF RECEIPTS AS SELF-LEASE RENT OF RS.2,37,212 DURING 01-01-2004 TO 15-11-2007; REC EIPTS FOR OUT OF POCKET EXPENSES COMPENSATION OF RS.1,21,575 DURING 17-1-2004 TO 14- 11-2007; AND RECEIPT FOR LUNCH CONVEYANCE REIMBURSEMENTS OF RS.98,210 RECEIVING DU RING THE PERIOD 03-02-2004 TO 03- 11-2007. SOME OF THEM ARE ACCUMULATED INVESTMENTS. THE ASSESSING OFFICER, BEING NOT SATISFIED WITH THE EXPLANATION, CARRIED OUT THE ADD ITION OF RS. 2,60,000 WHICH WAS CONFIRMED BY THE CIT(A) ON APPEAL BEFORE HIM WITH O BSERVATIONS THAT THE ASSESSEE DID NOT FURNISH EVIDENCE IN SUPPORT OF PAST ACCUMULATED INVESTMENT. 3. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF THE PARTIES, RECORD PERUSED. THE LD.AR SUBMITTED THAT THE FOLLOWING DOCUMENTS ARE BE ING SUBMITTED FOR THE FIRST TIME WHICH ARE ADDITIONAL EVIDENCES AND WHICH GO TO THE ROOT O F THE ISSUE: 1. COPY OF PASSBOOK OF MIS AUTO ACCOUNT PB 4-5 2. COPY OF CERTIFICATE FROM THE REGISTERED AGENT OF NATIONAL SAVINGS CERTIFICATE PB 6 3. COPY OF APPLICATION TO THE POST MATER AND ITA NO.1188/RJT/2009 2 HIS CERTIFICATE PB 7 4. COPY OF DECLARATION GIVEN TO EMPLOYER IN RESPECT OF NSC - PB 8 THE LD.AR ACCORDINGLY REQUESTED THAT THESE ADDITION AL EVIDENCES MAY BE ADMITTED AND THE ISSUES MAY BE DECIDED ACCORDINGLY. THE LD.DR S UBMITTED THAT THE ASSESSEE FILED THE ADDITIONAL EVIDENCE AND THE REVENUE AUTHORITIES DID NOT GET OPPORTUNITY TO EXAMINE THESE EVIDENCES. THEREFORE, MATTER MAY BE SENT BACK TO T HE FILE OF THE ASSESSING OFFICER. AFTER CONSIDERING THE FACTS OF THE CASE WE FIND THAT THE ADDITIONAL EVIDENCES GO TO THE ROOT OF THE ISSUES RAISED IN THE GROUNDS OF APPEAL BY THE A SSESSEE. WE, THEREFORE, IN THE INTEREST OF JUSTICE ADMIT THESE ADDITIONAL EVIDENCE S. SINCE THESE ADDITIONAL EVIDENCES ARE SUBJECT TO VERIFICATION OF THE REVENUE AUTHORIT IES, WHO DID NOT GET OPPORTUNITY TO APPLY THEIR MIND ON THESE ADDITIONAL EVIDENCE, WE THINK I T PROPER TO SEND BACK THESE ISSUES RAISED IN THE GROUNDS OF APPEAL OF THE ASSESSEE TO THE FILE OF THE ASSESSING OFFICER WITH DIRECTION TO DECIDE THE SAME IN ACCORDANCE WITH LAW AFTER CONSIDERING THE ADDITIONAL EVIDENCES AND OTHER EVIDENCES, IF ANY FILED BY THE ASSESSEE BEFORE HIM AT THE TIME OF HEARING. ACCORDINGLY THE APPEAL OF THE ASSESSEE IS RESTORED TO THE FILE OF THE ASSESSING OFFICER WITH ABOVE DIRECTION. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED, FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 31-12-2010. SD/- SD/- (D.T. GARASIA) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT, DT : 31 ST DECEMBER, 2010 PK/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-II, RAJKOT 4. THE CIT-I, RAJKOT 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT