Late U.Nagi Reddy, L/R by son Sri N.M.Suresh, Bellary V. Income-Tax Officer, Bellary

ITA 1409/BANG/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9385 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 09-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V SRINIVASAN SHRI NARESH SA
• Keywords: Opportunity of being heard; Corroborative evidences; Assessment record

Judgement Text

IN THE INCOME TAX APPELLATE TRI BUNAL BANGALORE BENCH SMC, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO. 1409 TO 1414(BANG) 2016 (ASSESSMENT YEARS : 2007 08 TO 2012 13) LATE U. NAGI REDDY, L/R BY SON SHRI N. M. SURESH, MANJUNATHA NILAYA, HARI KRUPA COLONY, NEAR NANDI PETROL BUNK, KAMPLI ROAD, KURUGODU, - 583101, KARNATAKA PAN : AQRPN9771G APPELLANT VS THE ITO, WARD - 2, BELLARY RESPONDENT ASSESSEE BY : SHRI V. SRINIVASAN, ADVOCATE REVENUE BY : SHRI NARESH SAKA, JCIT DATE OF HEARING : 22-09-2016 DATE OF PRONOUNCEMENT : -09-2016 O R D E R PER A. K. GARODIA, A.M.: ALL THESE SIX APPEALS ARE FILED BY THE ASSESSEE. THESE ARE DIRECTED AGAINST SEPARATE ORDERS OF LEARNED CIT (A), GULBARG A ALL DATED 24.03.2016 FOR A. Y. 2007 08 TO 2012 13 AND FOR THE SAKE OF CO NVENIENCE, ALL THESE ARE BEING DISPOSED OF BY THIS COMMON ORDER. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LEA RNED AR OF THE ASSESSEE THAT HE SEEKS TIME TO GET THE DOCUMENTS ABOUT AGRIC ULTURAL INCOME TRANSLATED AND FILE BEFORE THE TRIBUNAL AS A PAPER BOOK AND THIS IS ESSENTIAL BECAUSE, IN ALL THESE APPEALS, THE ISSUES ARE DEPEN DING ON THE QUANTUM OF AGRICULTURAL INCOME OF THE ASSESSEE AND HIS FAMILY. AT THIS JUNCTURE IT WAS POINTED OUT BY THE BENCH THAT EVEN IF TIME IS ALLOW ED AND THE LEARNED AR OF ITA NO. 1409 TO 1414 (BANG) 2016 2 THE ASSESSEE FILES THE TRANSLATED COPY OF THE DOCUM ENTS, MATTER WILL BE REQUIRED TO BE RESTORED BACK TO CIT (A) BECAUSE SUC H DOCUMENT WAS NOT MADE AVAILABLE BEFORE HIM. IN REPLY, HE SUBMITTED T HAT LEARNED CIT (A) HAS NOTED IN PARA 5.1 OF HIS ORDER FOR A. Y. 2007 08 THAT THE ASSESSEE HAS STATED IN THE ASSESSMENT PROCEEDINGS, THE ASSESSEE HAS SUBMITTED CASH FLOW STATEMENT EXPLAINING THE SOURCE OF INCOME FOR INVES TMENT BUT THE A.O. HAS NOT VERIFIED THE SAME AND PASSED THE ASSESSMENT ORD ER AND IN SPITE OF THIS, LEARNED CIT (A) HAS ALSO NOT CONSIDERED THE CASH FL OW STATEMENT BY SAYING THAT THE A.O. HAD NOT MENTIONED ANYTHING ABOUT CASH FLOW STATEMENT. HE SUBMITTED THAT WHEN IT WAS CLAIMED BEFORE CIT (A) T HAT CASH FLOW STATEMENT WAS SUBMITTED BEFORE THE A.O. IN COURSE OF ASSESSME NT PROCEEDINGS, HE SHOULD HAVE CALLED FOR THE ASSESSMENT RECORDS TO EX AMINE THE VERACITY OF THIS CLAIM AND IF IT WAS CORRECT THAT CASH FLOW STATEMEN T WAS SUBMITTED BEFORE THE A.O., THE ISSUES SHOULD HAVE BEEN DECIDED AFTER CONSIDERING THE CASH FLOW STATEMENT. HE SUBMITTED THAT THERE IS SIMILAR OBSERVATION OF CIT (A) IN REMAINING YEARS ALSO. LEARNED DR OF THE REVENUE SUP PORTED ORDERS OF THE AUTHORITIES BELOW. 3. I HAVE CONSIDERED RIVAL SUBMISSIONS. I FIND FOR CE IN THE SUBMISSIONS OF THE LEARNED AR OF THE ASSESSEE THAT WHEN IT WAS CLA IMED BEFORE CIT (A) THAT CASH FLOW STATEMENT WAS SUBMITTED BEFORE THE A.O. I N COURSE OF ASSESSMENT PROCEEDINGS, HE SHOULD HAVE CALLED FOR THE ASSESSME NT RECORDS TO EXAMINE THE VERACITY OF THIS CLAIM AND IF IT WAS CORRECT TH AT CASH FLOW STATEMENT WAS SUBMITTED BEFORE THE A.O., THE ISSUES SHOULD HAVE B EEN DECIDED BY HIM AFTER CONSIDERING THOSE CASH FLOW STATEMENTS. EVEN IF NO SUCH CASH FLOW STATEMENTS WERE FILED BEFORE THE A.O., I FEEL THAT THE ASSESSEE SHOULD BE ITA NO. 1409 TO 1414 (BANG) 2016 3 ASKED TO FILE IT ALONG WITH EVIDENCES IN SUPPORT OF THE CASH FLOW STATEMENTS AND THE ISSUES SHOULD BE DECIDED THEREAFTER. HENCE, I SET ASIDE ALL THESE ORDERS OF CIT (A) AND RESTORE BACK THE ENTIRE MATTE R IN ALL THESE YEARS TO HIS FILE FOR AFRESH DECISION AFTER EXAMINING THE CASH F LOW STATEMENTS AND ITS SUPPORTING EVIDENCES AND HE MAY OBTAIN REMAND REPOR T FROM THE A.O. IF CONSIDERED NECESSARY. NEEDLESS TO SAY, HE SHOULD PR OVIDE ADEQUATE OPPORTUNITY OF BEING HEARD TO BOTH SIDES. 6. IN THE RESULT, ALL THESE SIX APPEALS OF THE ASS ESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. (A.K. GARODIA) ACCOUNTANT MEMBER BANGALORE: D A T E D : .09.2016 AM* COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER, AR, ITAT, BANGALORE ITA NO. 1409 TO 1414 (BANG) 2016 4 1. DATE OF DICTATION .. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P. S. .. 4 DATE ON WHICH THE ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT .. 5. DATE ON WHICH THE ORDER COMES BACK TO THE SR. P.S. .. 6. DATE OF UPLOADING T HE ORDER ON WEBSITE .. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO . 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DATE ON WHICH ORDER DOES FOR XEROX & ENDORSEMENT . 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK. 11 THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER. 12 THE DATE ON WHICH THE FILE GOES TO THE DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER 13 DATE OF DISPATCH OF ORDER