Dr. R.B.Thakur, Hajipur V. ITO, Ward-Vaishali, Hajipur

ITA 128/PAT/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5665 (ITAT-PATNA)
• Duration Of Justice: 2 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2002-2003
• Appeal Filed On: 18-05-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: D V PATHY
• Keywords: Unexplained investment; Tangible material; Set aside
• Section: 147; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, PATNA (VIRTUAL HEARING) BEFORE SRI SANJAY GARG, JUDICIAL MEMBER I.T.A. NOS.126 TO 128/PAT/2018 ASSESSMENT YEARS: 1999-2000 2002-03 DR. R. B. THAKUR.....APPELLANT ANDERKILA, SDO ROAD, HAJIPUR. [PAN : ABKPT9765G] VS. ITO, WARD-VAISHALI, HAJIPUR.......RESPONDENT APPEARANCES BY: SHRI D.V. PATHY, ADVOCATE, APPEARED ON BEHALF OF THE APPELLANT. SHRI AJAY KUMAR, ADDL. CIT, APPEARED ON BEHALF OF THE RESPONDENT. DATE OF CONCLUDING THE HEARING : JANUARY 18, 2021 DATE OF PRONOUNCING THE ORDER : JANUARY 18, 2021 ORDER PER SANJAY GARG:- THE PRESENT APPEALS FOR DIFFERENT ASSESSMENT YEARS HAVE BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME TAX(APPEALS)-1, PATNA (HEREINAFTER REFERRED TO AS THE CIT(A)). 2. THE ASSESSEE IN THESE APPEALS HAS NOT ONLY CONTESTED THE VALIDITY OF REOPENING OF THE ASSESSMENT U/S 147 OF THE INCOME TAX ACT, BUT ALSO THE IMPUGNED ADDITIONS MADE BY THE ASSESSING OFFICER U/S 68 OF THE INCOME TAX ACT ON ACCOUNT OF UNEXPLAINED INVESTMENTS MADE BY THE ASSESSEE. 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE LD. ASSESSING OFFICER DID NOT OFFER ADEQUATE OPPORTUNITY TO THE ASSESSEE TO EXPLAIN ABOUT THE SOURCE OF INVESTMENTS. THE LD. COUNSEL FOR THE ASSESSEE INVITED MY ATTENTION TO THE IMPUGNED ASSESSMENT ORDERS AND HAS SUBMITTED THAT EVEN THERE WAS NO TANGIBLE MATERIAL AVAILABLE BEFORE THE ASSESSING OFFICER TO FORM THE BELIEF THAT THE INCOME OF THE ASSESSEE HAS ESCAPED ASSESSMENT. THAT THE LD. ASSESSING OFFICER HAS TAKEN INTO CONSIDERATION THE PAST INVESTMENTS WHICH WERE MADE FROM THE EXPLAINED SOURCES OF THE ASSESSEE. THE LD. COUNSEL HAS SUBMITTED THAT THE ASSESSEE MAY BE GIVEN PROPER 2 I.T.A. NOS.126 TO 128/PAT/2018 ASSESSMENT YEARS: 1999-2000 2002-03 DR. R. B. THAKUR OPPORTUNITY TO PRESENT HIS CASE BEFORE THE ASSESSING OFFICER. THAT THE ASSESSEE WILL BE ABLE TO PRESENT BEFORE THE ASSESSING OFFICER ABOUT THE SOURCE OF THE AMOUNT OF THE INVESTMENT AND FURTHER THAT MOST OF THE INVESTMENTS WERE OLD INVESTMENTS AND DID NOT PERTAIN TO ASSESSMENT YEARS UNDER CONSIDERATION. HE, THEREFORE, HAS REQUESTED FOR RESTORATION OF THE MATTER TO THE ASSESSING OFFICER. THE LD. DR, ON THE OTHER HAND, HAS RELIED UPON THE FINDINGS OF THE LOWER AUTHORITIES AND HAS SUBMITTED THAT SINCE THE ASSESSEE COULD NOT EXPLAIN THE INVESTMENTS, THEREFORE, THE ADDITIONS HAVE BEEN RIGHTLY MADE BY THE ASSESSING OFFICER. 4. AFTER PERUSAL OF THE RECORD AND AFTER CONSIDERING THE RIVAL SUBMISSIONS, I AM OF THE VIEW THAT THE MATTER IN THE CAPTIONED APPEAL IS REQUIRED TO BE EXAMINED BY THE ASSESSING OFFICER IN THE LIGHT OF THE SUBMISSIONS AND EVIDENCE FURNISHED BY THE ASSESSEE. I, THEREFORE, SET ASIDE THE IMPUGNED ORDERS OF THE CIT(A) AND RESTORE THE MATTER IN THESE APPEALS TO THE FILE OF THE ASSESSING OFFICER FOR DE NOVO ASSESSMENT. SINCE THE ASSESSEE HAS ALSO OBJECTED TO THE REOPENING OF THE ASSESSMENT ITSELF, THEREFORE, IT IS DIRECTED THAT THE ASSESSEE, IF SO ADVISED, MAY FILE OBJECTIONS AGAINST THE REOPENING OF THE ASSESSMENT AND THE ASSESSING OFFICER WILL DECIDE THE OBJECTIONS SO FILED BY THE ASSESSEE ON MERITS. IF THE OBJECTIONS OF THE ASSESSEE ARE DISMISSED BY THE ASSESSING OFFICER, ONLY THEN, THE ASSESSING OFFICER WILL PROCEED TO FRAME THE ASSESSMENT DE NOVO AFTER GIVING ADEQUATE AND PROPER OPPORTUNITY TO THE ASSESSEE TO PRESENT HIS CASE AND AFTER CONSIDERING THE EVIDENCES AND EXPLANATIONS SO FURNISHED BY THE ASSESSEE. 5. IN THE RESULT, THE PRESENT CAPTIONED APPEALS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 18 TH JANUARY, 2021. SD/- [ SANJAY GARG] JUDICIAL MEMBER DATED : 18.01.2021 RS 3 I.T.A. NOS.126 TO 128/PAT/2018 ASSESSMENT YEARS: 1999-2000 2002-03 DR. R. B. THAKUR COPY OF THE ORDER FORWARDED TO: 1. DR. R. B. THAKUR 2. ITO, WARD-VAISHALI, HAJIPUR 3. CIT(A)- 4. CIT- , 5. CIT(DR), TRUE COPY BY ORDER SR. PRIVATE SECRETARY