Smt. Rekhaben Rameshbhai Patel, Surat V. The Income tax Officer,Ward-9(3), Surat

ITA 1629/AHD/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9950 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 19-10-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 31-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRADIPKUMAR MAJUMDAR
• Keywords: Unexplained cash credit
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI S. S. GODARA, JUDICIAL MEMBER. ITA NO.1629/AHD/2013 (ASSESSMENT YEAR:2005-06) SMT. REKHABEN RAMESHBHAI PATEL C/27, SAGAR INDUSTRIAL ESTATE, VASTA DEVDI ROAD, SURAT 395004 APPELLANT VS. INCOME TAX OFFICER, WARD-9(3), SURAT RESPONDENT PAN: AAOPP2120L / BY ASSESSEE : ARTI N. SHAH, A.R. / BY REVENUE : SHRI PRADIP KUMAR MAJUMDAR, SR. D.R. /DATE OF HEARING : 19.10.2016 /DATE OF PRONOUNCEMENT : 28.11.2016 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2005-06 ARISES AGAINST THE CIT(A)-V, SURATS ORDER DATED 12.03.2013, IN APPEAL NO. CIT(A)- CAS/V/314/2007-08, IN PROCEEDINGS UNDER SECTION 143 (3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. THE ASSESSEES SOLE SUBSTANTIVE GROUND PLEADS TH AT THE CIT(A) HAS ERRED IN CONFIRMING SECTION 68 UNEXPLAINED CASH CRE DITS ADDITION OF ITA NO.1629/AHD/2013 (SMT. REKHABEN R. PATEL VS. IT O) A.Y. 2005-06 - 2 - RS.2,36,947/- AS MADE BY THE ASSESSING OFFICER IN T HE IMPUGNED REGULAR ASSESSMENT FRAMED ON 28.12.2007. 3. FACTS OF THE CASE ARE IN A NARROW COMPASS. THIS ONE APPEARS TO BE SECOND ROUND OF PROCEEDINGS BETWEEN THE PARTIES BEF ORE THE TRIBUNAL. THE APPELLANT ASSESSEE TRADES IN GREY CLOTH. THE ASSES SING OFFICER COMPLETED A REGULAR ASSESSMENT IN HIS CASE TREATING CASH CREDIT S RECEIVED FROM 13 PERSONS AS UNEXPLAINED U/S.68 OF THE ACT TO THE TUNE OF RS. 20,24,734/-. THE ASSESSEE PREFERRED AN APPEAL. THE CIT(A) PASSED FIRST ROUND LOWER APPELLATE ORDER ON 28.05.2008 DELETING THE IMPUGNED ADDITION TO THE EX TENT OF RS.17,87,787/- THEREBY CONFIRMING THE REMAINING FIGURE IN QUESTION OF RS.2,36,947/-. BOTH PARTIES FILED THEIR RESPECTIVE APPEALS NOS. 2662 & 2672/AHD/2008 BEFORE THE TRIBUNAL. THIS TRIBUNAL APPEARS TO HAVE DISPOSED O F THE SAME VIDE SEPARATE ORDERS. A CO-ORDINATE BENCH REMITTED ASSESSEES AP PEAL CHALLENGING THE IMPUGNED ADDITION BACK TO THE CIT(A) VIDE ORDER DAT ED 24.10.2008. ANOTHER CO-ORDINATE BENCH ON THE OTHER HAND DECIDED REVENUE S APPEAL ON 15.09.2010 RESTORING ASSESSING OFFICERS FINDINGS QUA LOANS OF RS.41,005/-, RS.1,04,931/- , RS.1,04,520/-, RS.59,450/- AND RS.72,977/-; RECEI VED FROM VARIOUS CREDITORS NAMELY SMT. JAGRUTI SHAH, SMT. ARUNA, SMT. SHARMILA , SMT. SONAL AND SMT. LILABEN; RESPECTIVELY. 4. WE NOW COME TO THE CIT(A)S ORDER UNDER CHALLENG E PASSED IN FURTHERANCE TO THIS TRIBUNALS REMAND DIRECTIONS IN ASSESSEES APPEAL HEREINABOVE. HE TOOK UP CONSEQUENTIAL PROCEEDINGS AND CONFIRMED THE IMPUGNED SECTION 68 ADDITION OF RS.2,36,947/- IN CA SES OF SMT. SHARMILA, SMT. SONAL AND SMT. LILABEN (SUPRA) ON THE GROUND T HAT THE REVENUE HAD SUCCEEDED IN ITS APPEAL QUA THE VERY CREDITORS HERE INABOVE. THIS LEAVES THE ASSESSEE AGGRIEVED. ITA NO.1629/AHD/2013 (SMT. REKHABEN R. PATEL VS. IT O) A.Y. 2005-06 - 3 - 5. LEARNED COUNSEL AT THE OUTSET SUBMITS THAT THE C IT(A) HAS RELIED UPON THIS TRIBUNALS ORDER IN REVENUES APPEAL HEREINABO VE RESTORING SECTION 68 ADDITION OF UNEXPLAINED CASH CREDITS. SHE PRODUCES BEFORE US A COPY OF SAID CO-ORDINATE BENCH IN REVENUES APPEAL IN M.A. NO.10 2/AHD/2013 AS DECIDED ON 07.04.2016 EXPUNGING ITS EARLIER FINDING IN THE MAIN ORDER SO FAR AS ABOVE THREE CREDITORS INVOLVING GROSS SUM OF RS.2,36,947/ - (SUPRA) IS CONCERNED. LD. DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE TH IS FACTUAL POSITION. WE ARE ACCORDINGLY OF THE VIEW THAT LD. CIT(A) NEEDS TO RE ADJUDICATE THE ISSUE AFRESH AS PER LAW AS PER THIS TRIBUNALS ORDER IN REVENUE S APPEAL AS INDICATED HEREINABOVE AFTER AFFORDING ADEQUATE OPPORTUNITY OF HEARING TO THE ASSESSEE. 6. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICA L PURPOSES. [PRONOUNCED IN THE OPEN COURT ON THIS THE 28 TH DAY OF NOVEMBER, 2016.] SD/- SD/- (N. K. BILLAIYA) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 28/11/2016 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )* + ,--. . /0 / DR, ITAT, AHMEDABAD 1 + 23 / GUARD FILE. BY ORDER / . // . /0