Kamleshkumar Patel, Surendranagar V. The Income Tax Officer, Ward-2, Surendranagar

ITA 181/RJT/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2285 (ITAT-RAJKOT)
• Duration Of Justice: 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 03-03-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 07-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S ANJARIA
• Assessee Lawyers: DM RINDANI
• Keywords: Opportunity of being heard; Additional evidence; Corroborative evidences

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH E-COURT AT AH MEDABAD] (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S.S. GODARA, JUDICIAL MEMBER) ITA. NO: 82/RJT/2012 & 181/RJT/2015 (ASSESSMENT YEAR: 2008-09) SHRI KAMLESHKUMAR PATEL BLOCK NO. 2, VIHAR PARK SOCIETY, RATANPAR, SURENDRANAGAR V/S THE INCOME TAX OFFICER, WARD-2, SURENDRANAGAR. (APPELLANT) (RESPONDENT) PAN: ABUPP2183Q APPELLANT BY : SHRI D.M. RINDANI, C.A. RESPONDENT BY : SHRI C. S. ANJARIA, SR. D.R. ( )/ ORDER DATE OF HEARING : 03 -03-20 16 DATE OF PRONOUNCEMENT : 04 -03-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THESE ARE APPEALS OF THE ASSESSEE DIRECTED AGAINST TWO SEPARATE ORDERS OF THE LD. CIT(A)-XVI, AHMEDABAD DATED 23.12 .2011 PERTAINING ITA NOS. 82/ RJT/12 & 181/RJT/15 . A.Y. 2008-09 2 TO A.Y. 2008-09 AND LD. CIT(A)-7, AHMEDABAD DATED 2 7.02.2015 PERTAINING TO A.Y. 2008-09 RESPECTIVELY. 2. SINCE BOTH THESE APPEALS ARE INTERCONNECTED, THEREF ORE, THEY WERE HEARD TOGETHER AND ARE DISPOSED OF BY THIS COMMON O RDER FOR THE SAKE OF CONVENIENCE. ITA N. 82/RJT/2012 FOR A.Y. 20 08-09 3. THE GRIEVANCE OF THE ASSESSEE RELATES TO THE ADDITI ON OF RS. 10,36,130/- MADE U/S. 69 OF THE ACT. THE ASSESSEE C ONTENDS THAT THE LD. CIT(A) GROSSLY ERRED IN NOT ADMITTING THE ADDIT IONAL EVIDENCE. 4. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT AS PE R THE DETAILS AVAILABLE WITH THE A.O, IT WAS FOUND THAT CASH AMOUNTING TO R S. 10,36,130/- WAS DEPOSITED IN THE BANK ACCOUNT WITH KOTAK MAHINDRA B ANK . ASSESSEE WAS ASKED TO EXPLAIN WITH SUPPORTING EVIDENCES THE NATURE AND SOURCE OF INCOME FROM WHICH THE AMOUNT WAS DEPOSITED. ON R ECEIVING NO PLAUSIBLE REPLY, THE A.O TREATED THE DEPOSIT AS INC OME OF THE ASSESSEE. 5. ASSESSEE CARRIED THE MATTER BEFORE THE LD. CIT(A) A ND FOR THE FIRST TIME FURNISHED THE BANK STATEMENTS OF KOTAK MAHINDRA BAN K. IT WAS STRONGLY CONTENDED THAT THE BANK ACCOUNT WAS A JOIN T BANK ACCOUNT HELD BY THE ASSESSEE ALONG WITH HIS FATHER AND BROT HER AND THE BANK TRANSACTIONS PERTAINED TO THE HUF AND THE SAME WERE REFLECTED IN THE BOOKS OF ACCOUNT OF THE HUF. NECESSARY DOCUMENTARY EVIDENCES WERE FILED. ITA NOS. 82/ RJT/12 & 181/RJT/15 . A.Y. 2008-09 3 6. THE LD. CIT(A) DID NOT FIND ANY FORCE IN THE CLAIM OF THE ASSESSEE AND REJECTED THE ADDITIONAL DOCUMENTARY EVIDENCES AND C ONFIRMED THE ADDITION. 7. AGGRIEVED BY THIS THE ASSESSEE IS BEFORE US. THE LD . COUNSEL FOR THE ASSESSEE REITERATED ITS PRAYER FOR THE ADMISSION OF ADDITIONAL EVIDENCE. PER CONTRA, THE LD. D.R. STRONGLY SUPPORTED THE FIN DINGS OF THE A.O. 8. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE ORD ERS OF THE AUTHORITIES BELOW AND THE RELATED DOCUMENTARY EVIDE NCES BROUGHT ON RECORD BEFORE US. IN OUR CONSIDERED OPINION, THE DO CUMENTARY EVIDENCES FILED BY THE ASSESSEE GO TO THE ROOT OF T HE MATTER AND DESERVES TO BE ADMITTED. WE, THEREFORE, RESTORE THE ENTIRE ISSUE TO THE FILES OF THE LD. CIT(A) WITH A DIRECTION TO ADMIT T HE ADDITIONAL EVIDENCES AND DECIDE THE ISSUE AFRESH IN THE LIGHT OF THE DOC UMENTARY EVIDENCES AFTER GIVING A REASONABLE AND FAIR OPPORTUNITY OF B EING HEARD TO THE ASSESSEE. 9. IN THE RESULT, THE APPEAL IS TREATED AS ALLOWED FOR STATISTICAL PURPOSE. 10. ITA NO. 181/RJT/2015 IS AGAINST THE LEVY OF PENALTY OF RS. 3,06,790/- U/S. 271(1)(C) OF THE ACT. SINCE, WE HAV E RESTORED THE QUANTUM ADDITION TO THE FILES OF THE LD. CIT(A), WE RESTORE THIS APPEAL ALSO TO THE FILES OF THE LD. CIT(A) TO BE DECIDED A FRESH AFTER DECIDING THE QUANTUM ADDITIONS AND AFTER GIVING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. ITA NOS. 82/ RJT/12 & 181/RJT/15 . A.Y. 2008-09 4 11. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATE D AS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON 04 - 03 - 2016. SD/- SD/- (S. S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT, RAJKO T