M/s. Chunni Lal Hari Dev, V. Income tax Officer, Nawanshahr

ITA 130/ASR/2012

• Counselvise Citation: 13020914 RSA 2012
• Duration Of Justice: 1 year(s) 10 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 14-03-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 30-04-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AMRIK CHAND
• Assessee Lawyers: BHAGAT ITP
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR.(SMC) BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER I.T.A. NO.130(ASR)/2012 ASSESSMENT YEAR:2006-07 PAN :AAAFC9529L M/S. CHUNI LAL HARI DEVI VS. INCOME TAX OFFICER, DANA MANDI, BANGA. NAWANSHAHAR. (APPELLANT) (RESPONDENT) APPELLANT BY:SH.M.R.BHAGAT, ITP RESPONDENT BY:SH.AMRIK CHAND, DR DATE OF HEARING: 14/03/2014 DATE OF PRONOUNCEMENT:14/03/2014 ORDER THE ASSESSEE HAS FILED THE PRESENT APPEAL AGAINST THE ORDER OF THE CIT(A), JALANDHAR DATED 24.02.2012 FOR THE ASSESSM ENT YEAR 2006-07 ON THE FOLLOWING GROUNDS: 1. THAT THE ORDER OF LD. CIT(A) IS UNALWAFUL, PER VERSE, AND NOT BASED ON PROPER APPRECIATION OF FACTS OF THE CASE A ND THE LAW. THE ORDER IS PRAYED TO BE SET ASIDE. 2. THAT THE LD. CIT(A) ERRED NOT APPRECIATING THE F ACT THAT THE LD. A.O. COMPLETED THE ASSESSMENT WITHOUT AFFORDING PR OPER OPPORTUNITY TO THE APPELLANT TO PROVE THE SOURCE OF SOURCE OF THE CREDIT AND COMPLETING THE ASSESSMENT ON THE BASIS O F LETTER AND REJECTING THE CONDITION ATTACHED TO THE LETTER OF S URRENDER OF INCOME. IT IS PRAYED THAT THE ADDITIONAL EVIDENCE P RODUCED BY THE APPELLANT AT APPELLATE STAGE MAY BE ADMITTED. 3. THAT THE LD. CIT(A) ERRED IN CONFIRMING ADDITION S OF RS.1,64,760/- AND RS.1,83,700/- WITHOUT APPRECIATIN G THE FACT THAT ONE OF THE PARTNER HAD INTRODUCED THOSE AMOUNT S AS HIS ITA NO.130(ASR)/2012 2 CAPITAL AND AS SUCH THE IDENTITY AND CREDIT WORTHIN ESS OF THE CREDITOR AND GENUINENESS OF TRANSACTION WERE ESTABL ISHED. THE ADDITIONS ARE PRAYED TO BE DELETED. 4. THE APPELLANT CRAVES LEAVE TO AMEND ANY GROUND(S ) OF APPEAL OR ADD ANY GROUND(S) OF APPEAL BEFORE THE APPEAL IS FI NALLY DISPOSED OFF. 2. THE BRIEF FACTS NARRATED BY THE REVENUE AUTHORIT IES ARE NOT DISPUTED BY BOTH THE PARTIES. THEREFORE, THERE IS NO NEED TO RE PEAT THE SAME FOR THE SAKE OF CONVENIENCE. 3. AT THE TIME OF HEARING THE LD COUNSEL FOR THE AS SESSEE STATED THAT THE AO HAS COMPLETED THE ASSESSMENT WITHOUT AFFORDING P ROPER OPPORTUNITY TO THE ASSESSEE TO PROVE THE SOURCE OF THE CREDIT AND COMPLETED THE ASSESSMENT ON THE BASIS OF LETTER AND REJECTED THE CONDITION A TTACHED TO THE LETTER OF SURRENDER OF INCOME. SH. M.R. BHAGAT, THE LD. COUN SEL FOR THE ASSESSEE FURTHER STATED THAT THE ASSESSEE IS IN A POSITION T O SUBSTANTIATE ITS CLAIM BEFORE THE A.O. AND HE ACCORDINGLY REQUESTED THAT AN OPPOR TUNITY MAY BE GRANTED TO THE ASSESSEE FOR SUBSTANTIATING ITS CASE BEFORE THE A.O. HE FURTHER STATED THAT THE LD. FIRST APPELLATE AUTHORITY HAS ALSO NOT APP RECIATED THE ARGUMENTS ADVANCED BY THE LD. COUNSEL FOR THE ASSESSEE AND DE CIDED THE ISSUE IN DISPUTE AGAINST THE ASSESSEE WITHOUT GOING THROUGH THE FACT S OF THE CASE. 4. THE LD. DR, ON THE OTHER HAND, RELIED UPON THE O RDERS OF THE AUTHORITIES BELOW. 5. I HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED T HE MATERIAL AVAILABLE ON RECORD, ESPECIALLY THE ORDERS OF THE AUTHORITIES BELOW. I AM OF THE VIEW ITA NO.130(ASR)/2012 3 THAT IN THE INTEREST OF JUSTICE, THE STATEMENT OF ASSESSEES COUNSEL REQUESTING FOR GRANTING THE OPPORTUNITY FOR SUBSTAN TIATING ITS CLAIM BEFORE THE A.O. DESERVES TO BE ACCEPTED BECAUSE THE ADDITION I N DISPUTE HAS BEEN MADE BY THE REVENUE AUTHORITY WITHOUT AFFORDING SUFFICI ENT OPPORTUNITY TO THE ASSESSEE. THEREFORE, I AM OF THE VIEW THAT IT WOULD BE IN THE INTEREST OF JUSTICE IF THE ISSUE IS SET ASIDE TO THE FILE OF T HE A.O. TO DECIDE THE SAME AFRESH UNDER THE LAW, AFTER PROVIDING ADEQUATE OPPO RTUNITY OF BEING HEARD TO THE ASSESSEE. ACCORDINGLY, I CANCEL THE IMPUGNED OR DER AND SET ASIDE THE ISSUE IN DISPUTE TO THE AO TO DECIDE THE SAME AFRES H AS PER LAW AFTER GIVING OPPORTUNITY TO THE ASSESSEE. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14TH MARCH, 2014. SD/- (H.S. SIDHU) JUDICIAL MEMBER DATED: 14TH MARCH, 2014 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:M/S. CHUNI LAL HARI DEV, BANGA. 2. THE ITO, NAWANSHHAR. 3. THE CIT(A), JLR. 4. THE CIT, JLR. 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL