Shri Anilkumar P.Jain, Ahmedabad V. The ACIT.,Cent.Circle-1(1), Ahmedabad

ITA 1820/AHD/2011

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67667 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 19-08-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 18-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P BATHEJA SRDR
• Keywords: Unexplained investment
• Section: 147

Judgement Text

, , , , A, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, A BENCH . .. . . .. . , !' !' !' !', , , , #$ %&'( #$ %&'( #$ %&'( #$ %&'(, , , , )* + ) ' )* + ) ' )* + ) ' )* + ) ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER) ITA NO.1820/AHD/2011 [ASSTT.YEAR : 2005-2006] SHRI ANILKUMAR P. JAIN 67, BASANT BAHAR NR. GOVT. TUBEWELL, BOPAL AHMEDABAD 380 058. PAN : AARPJ 0284 A /VS. DCIT, CENT.CIR.1(1) AHMEDABAD. ITA NO.1821/AHD/2011 [ASSTT.YEAR : 2005-2006] SMT. ANITA A. JAIN 67, BASANT BAHAR NR. GOVT. TUBEWELL, BOPAL AHMEDABAD 380 058. PAN : AAQPJ 7942 J /VS. DCIT, CENT.CIR.1(1) AHMEDABAD. ( (( (-. -. -. -. / APPELLANT) ( (( (/0-. /0-. /0-. /0-. / RESPONDENT) 1& 2 3 )/ ASSESSEE BY : SHRI R.K. GUPTA + 2 3 )/ REVENUE BY : SHRI O.P. BATHEJA, SR.DR 5 2 &(*/ DATE OF HEARING : 19 TH AUGUST, 2013 678 2 &(*/ DATE OF PRONOUNCEMENT : 5.9.2013 )9 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THESE TWO APPEALS ARE BY TWO ASSESSEES FOR THE ASSTT.YEAR 2005-2006 AGAINST THE ORDERS OF THE CIT(A)-I, DATED 18.11.2009. ITA NO.1820 AND 1821/AHD/2011 -2- 2. IDENTICAL GROUND OF THE APPEAL OF THE ASSESSEES IN BOTH THESE APPEALS IS AS UNDER: 1. THE CIT(A) HAS ERRED IN LAW AND ON FACTS CONFIR MING THE ADDITION OF RS.6,56,250/- MADE BY DCIT, CENT.CIR.1( 1) VIDE ORDER DTD.30.11.2006 AS UNEXPLAINED INVESTMENTS AS PER TH E PROVISIONS OF SECTION 69B OF THE INCOME TAX ACT, 1961 NOT CONSIDE RING SUBMISSIONS MADE DURING THE APPEAL PROCEEDINGS. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT PROVISION OF SECTION 147 HAS BEEN WRONGLY INVOKED IN THIS CASE, AS THE PROVISIONS OF SECTION 158BD WAS ATTRACTED IN BOTH THESE CASES. HE SUBMITTED THAT THE ASSESSEES HAVE RAISED A NUMBER OF CONTENTIONS GOING TO THE ROOT OF THE MATTER, WHICH HAVE BEEN REPRODUCED BY THE CIT(A) IN PARA 4 OF HIS APPELLATE ORDER, BUT THE SAME ARE NOT DEALT WITH OR ADJUDICATED UPON, IN ACCORDANCE WITH THE LAW BY THE CIT(A). HE SUBMITTE D THAT THE CROSS- EXAMINATION OF SHRI DEEPAK THAKKAR WAS SOUGHT BY TH E ASSESSEE WHICH WAS NEVER ALLOWED TO THEM, AND THEREFORE, THE ASSESSMEN T IS LIABLE TO QUASHED OR THE AO SHOULD HAVE BEEN DIRECTED BY THE CIT(A) TO A LLOW SUFFICIENT OPPORTUNITY. HE POINTED OUT NUMBER OF DEFECTS IN T HE APPELLATE ORDER PASSED BY THE CIT(A). THE LEARNED DR HAS RELIED ON THE ORDERS OF THE AO AND THE CIT(A). 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND HAVE PE RUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT ALTHOUGH VA RIOUS CONTENTIONS RAISED BY THE ASSESSEES HAVE BEEN RECORDED IN THE A PPELLATE ORDER PASSED BY THE CIT(A), BUT THEY WERE NOT SPECIFICALLY DEALT WI TH OR HAS BEEN ADJUDICATED UPON IN ACCORDANCE WITH LAW. IN THE FA CTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT IT WOULD BE IN TH E INTEREST OF JUSTICE TO RESTORE THIS ISSUE RAISED IN THE GROUNDS OF THE APP EALS BEFORE US TO THE FILE OF THE CIT(A) WITH DIRECTION TO PASS A DE NOVO APPELLATE ORDER IN ACCORDANCE WITH LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO BOTH THE PARTIES. THE CIT(A) IS DIRECTED TO DEAL WITH SPECI FIC ISSUES RAISED BY THE ITA NO.1820 AND 1821/AHD/2011 -3- ASSESSEES AS DETAILED IN THE WRITTEN SUBMISSIONS FI LED BEFORE HIM, AND THE CIT(A) SHALL RECORD A CLEAR FINDING ON THESE ISSUES . THE ASSESSEES ARE DIRECTED TO COOPERATE IN THE APPELLATE PROCEEDINGS BEFORE THE CIT(A). WE DIRECT ACCORDINGLY. 5. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEES ARE ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONED HEREINABOVE. SD/- SD/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD