Manoj Kumar , Bangalore V. The Income TAx Officer Ward-5(2)(3), Bangalore

ITA 1872/BANG/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7199 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 18-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PALANI KUMAR
• Assessee Lawyers: MAHESH KUMAR L
• Keywords: Opportunity of being heard
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH SMC-B, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO.1872 (BANG) 2017 (ASSESSMENT YEAR : 2012 13) SHRI MANOJ KUMAR, APPELLANT M G KITCHENWARE, NO. 154/1, 1 ST FLOOR, 8 TH CROSS, 4 TH MAIN ROAD, CHAMRAJPET,, BENGALURU 560018. PAN. AHJPR3548N VS THE ITO, WARD 5 (2) (3) BENGALURU. RESPONDENT ASSESSEE BY : SHRI MAHESH KUMAR L, ADVOCATE REVENUE BY : SHRI PALANI KUMAR, ADDL. CIT (DR) DATE OF HEARING : 23-11-2017 DATE OF PRONOUNCEMENT : 2 9-11-2017 O R D E R PER A. K. GARODIA, A.M.: THIS APPEAL IS FILED BY THE ASSESSEE WHICH IS DIREC TED AGAINST THE ORDER OF CIT (A) 5, BANGALORE DATED 02.06.2017 FOR A. Y. 2012 13. 2. THE ASSESSEE HAS RAISED AS MANY AS 10 GROUNDS BU T EFFECTIVE GRIEVANCE ON MERIT IS ONLY ONE ABOUT ADDITION OF RS. 18.75 LACS U/SC 68 IN RESPECT OF CASH CREDIT FROM FOUR LOAN CREDITORS. 3. LEARNED AR OF THE ASSESSEE SUBMITTED THAT AS PER PARA 5 OF THE IMPUGNED ORDER OF CIT (A), HE SAYS THAT THE ASSESSEE COULD N OT PROVE THE IDENTITY AND CREDITWORTHINESS OF THESE FOUR LOAN CREDITORS AND T HE GENUINENESS OF THE TRANSACTION BUT SEVERAL DOCUMENTS WERE PRODUCED BEF ORE HIM AND BEFORE THE AO IN THIS REGARD WHICH ARE AVAILABLE IN ANNEXURE A OF THE APPEAL MEMO ON PAGES 8 TO 38 BEING INCOME TAX RETURNS, FINNCIAL ST ATEMENTS, BANK PASS BOOK AND BALANCE CONFIRMATION LETTERS OF THESE FOUR LOAN CREDITORS AND THERE IS NO COMMENT BY HIM IN RESPECT OF THESE DOCU MENTS AND THEREFORE, THIS ITA NO. 1872/BANG/2017 2 ADDITION SHOULD BE DELETED. LEARNED DR OF THE REVE NUE SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW. 4. I HAVE CONSIDERED THE RIVAL SUBMISSIONS. I FIND THAT VARIOUS DOCUMENTS IN RESPECT OF THESE FOUR LOAN CREDITORS WERE PRODUCED BEFORE THE AO & CIT (A) SUCH AS INCOME TAX RETURNS, FINNCIAL STATEMENTS, BA NK PASS BOOK AND BALANCE CONFIRMATION LETTERS AND AS PER THE ORDER O F CIT 9A), THERE IS NO COMMENT BY HIM IN RESPECT OF THESE DOCUMENTS. UNDER THESE FACTS, I SET ASIDE THE ORDER OF CIT (A) AND RESTORE THE MATTER BACK TO HIS FILE FOR FRESH DECISION WITH THE DIRECTION THAT HE SHOULD PASS FRESH SPEAKI NG AND REASONED ORDER AS PER LAW IN THE LIGHT OF THESE DOCUMENTS AFTER PROVI DING ADEQUATE OPPORTUNITY OF BEING HEARD TO BOTH SIDES. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- (A.K. GARODIA) ACCOUNTANT MEMBER BANGALORE D A T E D : 29.11.2017. /MS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.