Chetankumar Ratilal Shah, Ahmedabad V. ITO, Ward-5(2)(1), Ahmedabad

ITA 1784/AHD/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9132 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 11-05-2020
• Assessment Year: 2015-2016
• Appeal Filed On: 10-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S.S. SHUKLA
• Keywords: Unexplained cash credit; Opportunity of being heard; Principle of natural justice; Set aside
• Section: 20

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL , SM C BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI WASEEM AHMED , ACCOUNTANT MEMBER AND MS MADHUMITA ROY , JUDICIAL MEMBER ./ ITA NO. 1784/AHD/2018 / ASSTT. YEAR: 2015 - 2016 CHETANKUMAR RATILAL SHAH , 6 , PRATIK APARTMENT, NEAR SHILPALAYA CHAR RASTA , VASNA , AHMEDABAD - 380007 . PAN : AQNPS3125R VS. INCOME TAX OFFICER , WARD 5(2)(1) , AHMEDABAD. (APPLICANT) ( RESPON D ENT ) ASSESSEE BY : SHRI PRITESH SHAH , A.R REVENUE BY : SHRI S.S. SHUKLA, SR. D R / DATE OF HEARING : 19 / 01 / 2021 / DATE OF PRONOUNCEMENT: 16 / 03 /2021 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE A GAINST THE ORDER OF THE LEARNED COMM ISSIONER OF INCOME TAX (APPEALS), AHMEDABA - 5 , DATED 02/07/2018 ARISING IN THE MATTER OF ASSESSM ENT ORDER PASSED UNDER S.143(3) OF THE INCOME TAX ACT, 1961 ( HERE - IN - AFTER REFERRED TO AS 'THE ACT') RELEVANT TO THE ASSESSMENT YEAR 2015 - 20 16 . ITA NO.1784/AHD/2018 ASSTT. YEAR 2015 - 16 2 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: 1. THE LEARNED CIT (A) ERRED IN LAW AND ON FACTS IN PASSING THE ORDER WITHOUT GIVING ADEQUATE OPPORTUNITY OF BEING HEARD. 2. THE LEARNED CIT(A) ERRED IN LAW AND ON FACTS IN CONFIRMING THE DISALLOWING OF CASH DEPOSITED TO BANK AMOUNTING TO RS.16,08,000/ - TREATING THE SAME AS UNEXPLAINED CASH CREDIT U/S.69A OF THE INCOME TAX ACT, 1961, SUCH DISALLOWANCE IS REQUESTED TO BE DELETED. 3. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIALS AVAILABLE ON RECORD. FROM THE PRECEDING DISCUSSION, WE NOTE THAT THE ASSESSEE WAS AFFORDED THE OPPORTUNITY OF BEING HEARD BY THE LEARNED CIT (A) BY ISSUING TWO NOTICES DATED 24 TH APRIL 2018 AND 31 ST MAY 2018 BY WAY OF RPAD AND EMAIL. BUT THERE WAS NO RESPONSE FROM THE SIDE OF THE ASSESSEE. ACCORDINGLY TH E LEARNED CIT (A), IN THE ABSENCE OF ANY ASSISTANCE FROM THE SIDE OF THE ASSESSEE HAS DECIDED THE ISSUE BASED ON TH E MATERIALS AVAILABLE ON RECORD BY CONFIRMING THE ORDER OF THE AO. 4. NOW, THE LEARNED AR BEFORE US HAS PLEADED TO RESTORE THE ISSUE TO TH E FILE OF THE LEARNED CIT (A) FOR FRESH ADJUDICATION AND FURTHER ASSURED THE FULL COOPERATION FROM THE SIDE OF THE ASSESSEE BEFORE THE LEARNED CIT (A). 5. THE LEARNED DR HAS ALSO NOT RAISED ANY OBJECTION IF THE MATTER IS SET ASIDE TO THE FILE OF THE LEARN ED CIT (A) FOR FRESH ADJUDICATION AS PER THE PROVISIONS OF LAW. 6. THE PRINCIPLES OF NATURAL JUSTICE GRANTS THE RIGHT OF HEARING TO THE PARTIES, THE APPELLANT AND THE RESPONDENT TO AVOID THE ARBITRARINESS IN THE FINDING OF THE CONCERNED AUTHORITY. THE LEARNED CIT (A) IS EXPECTED TO PASS A REASONED ORDER WHICH IS POSSIBLE ONLY AFTER HEARING THE PARTIES INVOLVED IN THE MATTER. THOUGH THE ASSESSEE FAILED TO APPEAR BEFORE THE LEARNED CIT (A), YET, IN THE INTEREST OF JUSTICE AND FAIR PLAY WE ARE INCLINED TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE TO PLACE HIS POINTS OF CONTEN TION BEFORE THE LEARNED CIT (A). HOWEVER, IT IS IMPORTANT TO DIRECT THE ASSESSEE TO EXTEND FULL COOPERATION IN THE PROCEEDINGS BEFORE THE LEARNED CIT ITA NO.1784/AHD/2018 ASSTT. YEAR 2015 - 16 3 (A) AND HE SHOULD NOT FAIL TO COMPLY THE DIRECTIONS PROVIDED BY HIM (THE LD. CIT - A). IN VIEW OF THE MATTER , THE GROUND OF APPEAL RAISED BY THE ASSESSEE IS ALLOWED FOR THE STATISTICAL PURPOSES. 7. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR THE STATISTICAL PURPOSES. O RDER PRONOUNCED IN THE COURT ON 16 /03 / 2021 AT AHMEDABAD. SD/ - SD/ - (MADHUMITA ROY ) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER (TRUE COPY) A HMEDABAD; DATED 16 / 03 /2021 M ANISH