Shri Kiritbhai Joitaram Patel, Mehsana V. The Income Tax Officer, Ward-3, Mehsana

ITA 1752/AHD/2014

• Counselvise Citation: 175220514 RSA 2014
• Duration Of Justice: 1 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 06-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K C THAKER
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: S H RI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER KIRITBHAI JOITARAM PATEL, B - 9, TIRUPATI BUNGLOWS, RADHANPUR ROAD, BEHIND DUDH SAGAR DAIRY, MEHSANA - 384002 PAN: AHWPP8989 J (APPELLANT) VS ITO, WARD - 3, MEHSANA (RESPONDENT) REVENUE BY : S H RI JAMES KURIAN , SR. D . R. ASSESSEE BY: S H RI K.C. THAKER , A.R. DATE OF HEARING : 08 - 09 - 2 015 DATE OF PRONOUNCEMENT : 28 - 10 - 2 015 / ORDER P ER : S. S. GODARA , JUDICIAL M EMBER : - THIS APPEAL FOR A.Y. 2005 - 06 , AR ISES FROM ORDER OF THE CIT(A), GANDHINAGAR, AHMEDABAD DATED 21 - 03 - 2014 IN APPEAL NO. I T A NO . 1752 / A HD/20 14 A SSE SSMENT YEAR 200 5 - 06 I .T.A NO. 1752 /AHD/20 14 A.Y. 2005 - 06 PAGE NO KIRITBHAI JOITARAM PATEL VS. ITO 2 CIT(A) /GNR/136/2012 - 13 , IN PROCEEDINGS UNDER SECTION 143(3) R.W.S.147 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE ASSESSEE S SOLE SUBSTANTIVE RAISED IN THE INSTANT APPEAL CHALLENGES CIT(A) S EX - PARTE ORDER CONFIRMING ADDITION OF RS. 1,00,800/ - QUA HIS INVESTMENT IN EQUITY SHARES. THE ASSESSING OFFICER FRAMED A REGULAR ASSESSMENT ON 31 - 10 - 2012 MAKING THE IMPUGNED ADD ITION QUOTING ASSESSEE S FAILURE IN PRODUCING NECESSARY BANK ACCOUNT AND SOURCE THEREOF. THE SAME POSITION CONTINUED IN THE LOWER APPELLATE PROCEEDINGS. THE CIT(A) REFERS TO VARIOUS NOTICES ISSUED BEFORE REJECTING THE ASSESSEE S APPEAL THROUGH THE ORDER UNDER CHALLENGE. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE CASE FILE. THE ASSESSEE S SOLE SUBMISSION RAISED IN THE COURSE OF HEARING IS THAT GIVEN A CHANCE, HE IS READY TO PRODUCE ALL DETAILS OF THE IMPUGNED SHARE INVESTMENT SUBJECT MATTER OF THIS APPEAL ALONG WITH SOURCE THEREOF. THE REVENUE IS FAIR ENOUGH NOT TO DISPUTE THIS PLEA. WE FEEL THAT LARGER INTEREST OF JUSTICE WOULD BE MET IN CASE THE ASSESSEE IS AFFORDED YET ANOTHER INNINGS BEFORE THE CIT(A). WE ORDER ACCORDINGLY IN VIEW OF THE FACT THAT ASSESSEE HAS NOT BEEN ABLE TO FILE THE NECESSARY EVIDENCE EXPLAINING SOURCE OF SHARE INVESTMENT BEFORE THE LOWER AUTHORITIES. THE ASSESSEE S SOLE SUBSTANTIVE GROUND IS REMITTED BACK TO THE CIT(A) FOR AFRESH ADJUDICATION AS PER LAW. I .T.A NO. 1752 /AHD/20 14 A.Y. 2005 - 06 PAGE NO KIRITBHAI JOITARAM PATEL VS. ITO 3 4. THIS ASS ESSEE S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PR ONOUNCED IN THE OPEN C OURT ON 28 - 10 - 2015 SD/ - SD/ - ( PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 28 /10 /2015 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,