Gurcharan Singh Baweja, Ludhiana V. DCIT, C-V, Ludhiana

ITA 1600/CHANDI/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4076 (ITAT-CHANDIGARH)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 24-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR GULSHAN RAJ
• Assessee Lawyers: PREM SINGH; S GUNJEET SINGH
• Keywords: Additional evidence
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, A CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO. 1600/CHD/2017 ASSESSMENT YEAR : 2014-15 S. GURCHARAN SINGH BAWEJA, VS. THE DCIT, CIRCLE V, PROP. M/S GULZAR SERVICE STATION, LUDHIANA G.T.ROAD, DHOLEWAL CHOWK, OPP. MILITARY CAMP, LUDHIANA PAN NO. AAOPB3690D (APPELLANT) (RESPONDENT) APPELLANT BY : SH. PREM SINGH, ADVOCATE & S. GUNJEET SINGH RESPONDENT BY : DR. GULSHAN RAJ, CIT DR DATE OF HEARING : 07.08.2018 DATE OF PRONOUNCEMENT : 07. 08. 2018 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASS ESSEE AGAINST THE ORDER DATED 27.9.2017 OF THE COMMISSION ER OF INCOME TAX(A)-2, LUDHIANA [HEREINAFTER REFERRED TO AS CI T(A)]. 2. THE ASSESSEE IN THIS APPEAL HAS AGITATED THE CON FIRMATION OF ADDITION MADE BY THE ASSESSING OFFICER IN RELATION TO CERTAIN SHARE TRANSACTIONS WHICH THE LOWER AUTHORITIES HAVE TREAT ED AS BOGUS AND THEREBY MAKING ADDITION TO THE INCOME OF THE ASSES SEE U/S 68 OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). ITA NO. 1600/CHD/2017- S.GURCHARAN SINGH BAWEJA, LUDHIANA 2 3. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE APPLICATION DATED 28.4.2018 MOVED ON BEHALF OF THE ASSESSEE, WHEREBY, THE LD. COUNSEL SEEKS TO TENDER ADDITIONAL EVIDENCES I.E. COPIES OF THE ORDER EX-PARTE INTERI M ORDERS OF THE SECURITIES EXCHANGE BOARD OF INDIA (SEBI) AS WELL AS FINAL ORDER. HE, THEREFORE, HAS SUBMITTED THAT THESE ORDERS OF T HE SEBI ARE VERY MUCH CRUCIAL AND NECESSARY FOR PROPER ADJUDICATION OF THE MATTER IN THIS APPEAL. 4. AT THIS STAGE, THE LD. DR HAS ALSO INVITED OUR A TTENTION TO AN APPLICATION MOVED BY THE DEPARTMENT DATED 25.6.2018 FOR ADMISSION OF THE ADDITIONAL EVIDENCE. THE LD. DR HAS SUBM ITTED THAT PRIOR TO THE FRAMING OF THE ASSESSMENT ORDER, A SURVEY ACT ION WAS ALSO CARRIED OUT AT THE PREMISES OF THE ASSESSEE. HE HAS FURTHER SUBMITTED THAT THE SURVEY REPORT ALONG WITH THE ACCOMPANIED D OCUMENTS ARE VERY MUCH NECESSARY AND GOES TO THE ROOT OF THE CAS E. HE, THEREFORE, HAS SUBMITTED THAT THE AFORESAID DOCUMENTS BE TAKEN ON THE RECORD AS ADDITIONAL EVIDENCES AND THE MATTER BE DECIDED ACCO RDINGLY. 5. ADMITTEDLY, NEITHER THE DOCUMENTS SOUGHT TO BE P RODUCED BY THE ASSESSEE NOR THE DOCUMENTS SOUGHT TO BE RELIED UPON BY THE DEPARTMENT HAVE BEEN GONE THROUGH BY THE LOWER AUTH ORITIES. SINCE THE DOCUMENTS, AS PLEADED BY BOTH THE LD. REPRESENT ATIVES RESPECTIVELY OF THE PARTIES, ARE VITAL DOCUMENTS W HICH ARE NECESSARILY REQUIRED TO BE CONSIDERED FOR ADJUNCTION OF THE CAS E AND SINCE THESE HAVE NOT BEEN CONSIDERED BY THE LOWER AUTHORITIES, HENCE, AS PER THE ITA NO. 1600/CHD/2017- S.GURCHARAN SINGH BAWEJA, LUDHIANA 3 REQUEST OF BOTH THE REPRESENTATIVES OF THE PARTIES, THE APPLICATIONS FOR ADDITIONAL EVIDENCES MOVED BY BOTH THE PARTIES ARE HEREBY ALLOWED. THE ORDER OF THE LOWER AUTHORITIES ARE HEREBY SET ASIDE AND DOCUMENTS ARE DIRECTED TO BE TAKEN ON RECORD AND MA TTER IS RESORTED TO THE FILE OF THE ASSESSING OFFICER FOR DECISION A FRESH AFTER CONSIDERING THE DOCUMENTS PRODUCED / SOUGHT TO BE P RODUCED BY BOTH THE PARTIES. NEEDLESS TO SAY THAT THE ASSESSING OFF ICER WILL GIVE PROPER OPPORTUNITY TO THE ASSESSEE TO PRESENT HIS CASE AND FURTHER THAT THE ASSESSEE WILL COOPERATE IN THE MATTER AND WILL FURNISH THE REQUIRED DETAILS TO THE ASSESSING OFFICER AS AND WH EN CALLED FOR AND WILL NOT CONTRIBUTE FOR UNNECESSARY ADJOURNMENT OF THE CASE. THIS APPEAL OF THE ASSESSEE IS DISPOSED OF ACCORDIN GLY IN THE ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (B.R.R KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 07.08.2018 RKK COPY TO: THE APPELLANT THE RESPONDENT THE CIT THE CIT(A) THE DR