SHRI SUBHASH CHAND BAPNA, JAIPUR V. INCOME TAX OFFICER, WARD-7-1, JAIPUR

ITA 1319/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9885 (ITAT-JAIPUR)
• Duration Of Justice: 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 11-03-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 27-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANURADHA JCIT DHK
• Keywords: Income from undisclosed sources; Opportunity of being heard; Reasonable cause; Set aside
• Section: 143(3)

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH JES'K LH 'KEKZ] YS[KK LNL; DS LE{K BEFORE: SHRI RAMESH C SHARMA , ACCOUNTANT MEMBER VK;DJ VIHY LA-@ ITA NO. 1319/JP/2018 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2014-15 SUBHASH CHAND BAPNA, C-45, GREATER KAILASH, LAL KOTHI, TONK ROAD, JAIPUR. CUKE VS. I.T.O., WARD 7(1), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: ABZPB 7305 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL (CA) JKTLO DH VKSJ LS@ REVENUE BY : MS. ANURADHA (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 20/03/2019 MN?KKS'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 26/03/2019 VKNS'K@ ORDER PER: R.C. SHARMA, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE EX PARTE ORDER OF LD.CIT(A)-3, JAIPUR DATED 31/10/2018 FOR THE A.Y. 2014-15 IN THE MATTER OF ORDER PASSED U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. IN THIS APPEAL, THE ASSESSEE IS AGGRIEVED FOR TH E EX PARTE ORDER OF THE LD. CIT(A) AS WELL AS MERIT OF THE ADDITION SO UP HELD BY HIM. ITA 1319/JP/2018 SUBHASH CHAND BAPNA VS ITO 2 3. IT WAS ARGUED BY THE LD AR OF THE ASSESSEE THAT H EARING OF THE CASE WAS FIRST FIXED ON 21/03/2018 WHEREIN THE ASSES SEE REQUESTED FOR ADJOURNMENT AND THE CASE WAS ADJOURNED TO 27/04/2018 . AGAIN ON 24/5/2018, THE CASE WAS ADJOURNED AT THE REQUEST OF THE ASSESSEE. HOWEVER, ON 26/6/2018, THE LD. AR ATTENDED THE CASE OF THE ASSESSEE WHICH WAS ADJOURNED TO 07/8/2018. FINALLY THE CASE WAS ADJOURNED TO 30/10/2018 WHEREIN THE ASSESSEE COULD NOT ATTEND BEF ORE THE LD. CIT(A) AND THE LD. CIT(A) DISMISSED THE APPEAL FOR NON-PROS ECUTION. THE LD AR OF THE ASSESSEE EXPLAINED THE REASONS FOR NON-APPEA RING BEFORE THE LD. CIT(A). 4. I HAVE HEARD THE RIVAL CONTENTION AND FOUND THAT IN THIS CASE, ADDITION HAS BEEN MADE BY THE ASSESSING OFFICER TRE ATING THE ENTIRE AMOUNT OF SALE PROCEEDS OF SHARES AND COMMISSION PA ID AS INCOME FROM UNDISCLOSED SOURCES WHICH WAS CLAIMED AS EXEMPT BY TH E ASSESSEE U/S 10(38) OF THE ACT AS LONG TERM CAPITAL GAIN BEING T RADED ON NATIONAL STOCK EXCHANGE AND ALSO SECURITIES TRANSACTION TAX WA S PAID. HOWEVER, THE ASSESSING OFFICER DID NOT AGREE WITH THE ASSESSE ES CONTENTION AND MADE THE ADDITION. WITHOUT GOING INTO THE MERIT OF THE ADDITION AND CONSIDERING THE REASONABLE CAUSE FOR NON-APPEARANCE BEFORE THE LD. CIT(A) ON 30/10/2018, HE DISMISSED THE APPEAL FOR NO N-PROSECUTION. ITA 1319/JP/2018 SUBHASH CHAND BAPNA VS ITO 3 KEEPING IN VIEW THE SUBSTANTIAL INTEREST OF JUSTICE, I SET ASIDE THE EX PARTE ORDER OF THE LD. CIT(A) AND THE MATTER IS REST ORED BACK TO THE FILE OF THE LD. CIT(A) TO DECIDE THE ISSUE AFRESH AS PER LAW AFTER GIVING DUE AND REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. THE ASSESSEE IS DIRECTED TO APPEAR BEFORE THE LD. CIT(A) WITHIN A PER IOD OF 30 DAYS FROM THE DATE OF RECEIPT OF THIS ORDER. I DIRECT ACCORDI NGLY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART FOR STATISTICAL PURPOSES IN TERMS INDICATED HEREINABOVE . ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH MARCH, 2019 SD/- JES'K LH 'KEKZ ( RAMESH C SHARMA ) YS[KK LNL;@ YS[KK LNL;@ YS[KK LNL;@ YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 26 TH MARCH, 2019 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANTS- SHRI SUBHASH CHAND BAPNA, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE I.T.O., WARD 7(1), JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 1319/JP/2018) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR