Jelly Samkit Doshi, Sabarkantha V. ACIT (OSD), SK Ward-3, Sabarkantha

ITA 1750/AHD/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0819 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 06-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 68; 143(3); 250; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH BEFORE: SHR I AMARJIT SINGH , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER JELLY SAMKIT DOSHI 18, MAHAVIRNAGAR SOCIETY, PALACE ROAD, HIMATNAGAR, SABARKANTHA - 383001 PAN: BYBPS4687R (APPELLANT) VS THE ACIT(OSD) , S.K. WARD - 3 , AAYAKAR BHAVAN NR. GANDHI TOWN HALL, HIMATNAGAR, SABARKANTHA - 383001 (RESPON DENT) SAMKIT RAJNIKANT DOSHI 18, MAHAVIRNAGAR SOCIETY, PALACE ROAD, HIMATNAGAR, SABARKANTHA - 383001 PAN: AIVPD6673K (APPELLANT) VS THE ACIT(OSD) , S.K.WARD - 3 , AAYAKAR BHAVAN NR. GANDHI TOWN HALL, HIMATNAGAR, SABARKANTHA - 383001 (RESPONDENT) I T A NO . 1750 / A HD/20 18 A SS ESSMENT YEAR 2015 - 16 ITA NO. 1751 /AHD/20 18 ASS ESSMENT YEAR 2015 - 16 ITA NO. 1752 /AHD/20 18 ASS ESSMENT YEAR 2015 - 16 I.T.A NO S . 1750 TO 1753 /AHD/20 18 A.Y. 2015 - 16 PAGE NO JELLY SOMKIT DOSHI & THREE DIFFERENT ASSESSEES VS. ACIT 2 SANGITABEN RAJNIKANT DOSHI 18, MAHAVIRNAGAR SOCIETY, PALACE ROAD, HIMATNAGAR, SABARKANTHA - 383001 PAN: AFDPD1846F (APPELLANT) V S THE ACIT(OSD) , S.K.WARD - 3 , AAYAKAR BHAVAN NR. GANDHI TOWN HALL, HIMATNAGAR, SABARKANTHA - 383001 (RESPONDENT) ATMIBEN ALPITKUMAR DOSHI 18, MAHAVIRNAGAR SOCIETY, PALACE ROAD, HIMATNAGAR, SABARKANTHA - 383001 PAN: AOEPD5072P (APPELLANT) VS THE ACIT(OSD) , S.K.WARD - 3 , AAYAKAR BHAVAN NR. GANDHI TOWN HALL, HIMATNAGAR, SABARKANTHA - 383001 (RESPONDENT) REVENUE BY : S H RI SHIV SEWAK , SR. D . R. ASSESSEE BY: SH RI ASHESH SHAH , A.R. DATE OF HEARING : 16 - 0 3 - 2 020 DATE OF PRONOUNCEMENT : 18 - 03 - 2 020 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THESE FOUR APPEALS ARE FILED BY THE ASSESSEE BELONGING TO THE SAME GROUP AGAINST THE ORDER OF LD. CIT(A) - 2 AHMEDABAD IN SUSTAINING THE DISALLOWANCE OF LONG TERM GAIN ON SALE OF SHARES. SINCE THE COMMON ISSUES ON IDENTICAL FACTS ARE INVOLVED IN THESE CASES, THEREFORE, FOR THE CONVENIENCE , ITA NO. 1753 /AHD/20 18 ASS ESSMENT YEAR 2015 - 16 I.T.A NO S . 1750 TO 1753 /AHD/20 18 A.Y. 2015 - 16 PAGE NO JELLY SOMKIT DOSHI & THREE DIFFERENT ASSESSEES VS. ACIT 3 THESE CASE S ARE ADJUDICATED TOGETHER BY TAKING ITA NO. 1750/AHD / 2018 AS CASE AND ITS FINDING WILL BE APPLICABLE TO THE OTHER CASES. 2. AT THE OUTSET, THE LD. COUNSEL HAS BROUGHT TO OUR NOTICE THAT LD. CIT(A) HAS DECIDED THE APPEAL OF THE ASSESSEE EX - PARTE AS THE ASSESSEE COULD NOT MAKE COMPLIANCE DURING THE COURSE OF APPELLATE PROCEEDINGS. IT IS FURTHER SUBMITTED THAT LD. CIT(A) HAS ADJUDICATED THE APPEAL BY ISSUING ONLY TWO NOTICES AND WHEN THE NOTICES WERE SERVED , THE ASSESSEE WAS RESIDING OUTSIDE AHMED ABAD AND WAS OUT OF THE STATION, T HEREFORE, THE ASSESSEE COULD N OT APPRISE THE AUTHORIZED REPRESENTATIVE TO SEEK ADJOURNMENT DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE LD. CIT(A) . UNDER THESE CIRCUMSTANCES , THE LD. COUNSEL HAS SOUGHT O NE MORE OPPORTUNI TY FOR HEARING OF THIS APPEAL ON MERIT. ON THE OTHER HAND, LD. DEPARTMENTAL REPRESENTAT IVE HAS SUPPORTED THE ORDER OF LOWER AUTHORITIES. 3. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERIAL ON RECORD. THE ASSESSMENT U/S. 143(3) OF THE ACT IN THE CA SE OF THE ASSESSEE WAS FINALIZED ON 30 TH NOV, 2017 AND TOTAL ADDITION OF R S. 11,97,725/ - WAS MADE U/S. 68 OF THE ACT ON THE BASIS OF DETAILED INVESTIGATION CARRIED OUT BY THE DIRECTORATE OF IN COME TAX (INVESTIGATION), KOLKAT A WHEREIN IT WAS FOUND THAT M/S K AP P AC PHARMA LTD. USED TO LAUNDER MONEY BY PROVIDING ACCOMMODATION ENTRY AND ASSESSEE HAS OBTAINED ACCOMMODATION ENTRY BY PURCHASING AND SELLING SHARES OF THE SAID COMPANY. DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE LD. CIT(A), THE ASSESSEE COUL D NOT MAKE COMPLIANCE FOR THE REASONS AS CITED ABOVE THIS ORDER. SECTION 250(6) OF THE ACT CONTEMPLATES THAT LD. CIT(A) WOULD DETERMINE POINT IN DISPUTE AND THEREFORE RECORD REASON ON SUCH POINT I.T.A NO S . 1750 TO 1753 /AHD/20 18 A.Y. 2015 - 16 PAGE NO JELLY SOMKIT DOSHI & THREE DIFFERENT ASSESSEES VS. ACIT 4 IN SUPPORT OF HIS CONCLUSION. IN THE LIGHT OF THE ABOVE FACTS AND CIRCUMSTANCES AS PER OUR CONSIDERED VIEW IT WOULD SERVE THE END OF JUSTICE IF ONE MORE OPPORTUNITY OF PERSONAL HEARING IS GRANTED TO THE ASSESSEE WHILE DISPOSING OF THE APPEAL AT THE LEVEL OF LD. CIT(A) U/S. 250 OF THE ACT. HOWEVER, WE OBSERVE T HAT ASSESSEE HAS WASTED PRECIOUS TIME OF THE REVENUE AUTHORITY FOR NOT MAKING COMPLIANCE BEFORE THE LD. CIT(A) AS THE REASON FOR NON - COMPLIANCE IS NOT FULLY ESTABLISHED, T HEREFORE, AS PER OUR CONSIDERED VIEW IT WOULD BE APPROPRIATE TO DIRECT THE ASSES SEE T O PAY A COST TOTALING OF RS. 20,000/ - FOR ALL THESE FOUR CASES WITHIN A PERIOD OF 15 DAYS OF RECEIPT OF THIS ORDER AND FURNISH THE RECEIPT/CHALLAN BEFORE THE LD. CIT(A). ACCORDINGLY, WE RESTORE ALL THESE FOUR CASES BEFORE THE LD. CIT(A) FOR DECIDING AFRE SH AFTER HEARING THE ASSESSEE AS DIRECTED ABOVE. 4. IN THE RESULT, ALL THE FOUR APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PR ONOUNCED IN THE OPEN C OURT ON 18 - 03 - 20 20 SD/ - SD/ - ( MADHUMITA ROY ) ( AMARJIT SI NGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 18 /03 /2020 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , I.T.A NO S . 1750 TO 1753 /AHD/20 18 A.Y. 2015 - 16 PAGE NO JELLY SOMKIT DOSHI & THREE DIFFERENT ASSESSEES VS. ACIT 5 / ,