Dr. Vijay Ratilal sheth, Ahmedabad V. The Income tax Officer,Ward-9(3), Ahmedabad

ITA 1924/AHD/2009

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 9117 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2009
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 11-06-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P M SHUKLA
• Keywords: Set aside
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B AHMEDABAD BEFORE SHRI P.K.BANSAL, ACCOUNTANT MEMBER AND SHRI MAHAVIR SINGH, JUDICIAL MEMBER ITA NO.1924/AHD/2009 ASSESSMENT YEAR:2006-07 DATE OF HEARING:12.8.09 DRAFTED:8.9.09 DR. VIJAY RATILAL SHETH, BRAIN & SPINE HOSPITAL, BLUE STAR COMPLEX, NR. INCOME-TAX, AHMEDABAD PAN NO.ADAPS7357M V/S . INCOME TAX OFFICER, WARD 9(3), AHMEDABAD (APPELLANT) .. (RESPONDENT) APPELLANT BY :- URVASHI SHODHAN, AR RESPONDENT BY:- SHRI P.M. SHUKLA, SR. DR O R D E R PER MAHAVIR SINGH JUDICIAL MEMBER:- THIS APPEAL BY THE ASSESSEE IS ARISING OUT OF THE ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-XV, AHMEDABAD IN APPEAL NO. CI T(A)-XV/9(3)/89/08-09 DATED 25-03-2009. THE ASSESSMENT WAS FRAMED BY THE ITO, WARD-9(3) AHMEDABAD U/S. 143(3) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REF ERRED TO AS THE ACT) VIDE HIS ORDER DATED 19-08-2008 FOR THE ASSESSMENT YEAR 2006-07. 2. THE FIRST ISSUE IN THIS APPEAL OF THE ASSESSEE I S AS REGARDS TO ESTIMATE DISALLOWANCE OF TELEPHONE EXPENSES AT RS.3,862/-. 3. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE HAS NOT PRESSED THIS ISSUE. HENCE, THE SAME IS DISMISSED AS NOT PRESSED. 4. THE NEXT ISSUE IN THIS APPEAL OF THE ASSESSEE IS AGAINST THE ORDER OF CIT(A) IN CONFIRMING THE ADDITION MADE BY THE ASSESSING OFFIC ER U/S.68 OF THE ACT AMOUNTING TO RS.60,000/-. 5. THE ASSESSEE IS A DOCTOR PRACTICING IN AHMEDABAD DURING THE PREVIOUS YEAR RELEVANT TO ASSESSMENT YEAR 2006-07. THE ASSESSEE H AS TAKEN A LOAN OF RS.60,000/- ITA NO.1924/AHD/2009 A.Y 2006-07 DR. VIJAY R SHETH V. ITO WD-9(3) ABD PAGE 2 FROM MR. VIJAY RATILAL SHETH (HUF) DURING THE ASSES SMENT PROCEEDINGS AND THE ASSESSEE WAS ASKED TO FURNISH THE CONFIRMATION OF L OAN AND COPY OF RETURN OF INCOME FILED BY THE HUF. THE ASSESSEE FILED COPY OF ACCOUN T CONFIRMATION ALONG WITH RETURN OF INCOME AND ALSO PROVIDED CONFIRMATION FROM THE H UF INCLUDING THE S.B. BANK ACCOUNT STATEMENT FROM WHERE LOAN WAS GIVEN TO THE ASSESSEE. WE FIND THAT THE LOWER AUTHORITIES HAVE GIVEN A FINDING THAT THE ASS ESSEE HAS RECEIVED A SUM OF RS.60,000/- AS LOAN VIDE CHEQUE NO.877551 AMOUNTING TO RS.10,000/- AND 877552 AMOUNTING TO RS.50,000/- BOTH FROM LAXMI VILAS BANK ACCOUNT NO.21081. THE ASSESSING OFFICER AS WELL AS CIT(A) NOTICED THAT BE FORE MAKING THESE PAYMENTS, THE HUF DEPOSITED THE SAID SUM EITHER ON THE SAME DATE OR 2/3 DAYS BEFORE. WHEN THE ASSESSEE WAS ASKED TO GIVE THE SOURCE HE COULD NOT STATE, WHERE THE HUF IS BEING ASSESSED. THE AO MADE THE ADDITION AS THE HUF WAS N OT ASSESSED TO TAX, HAVING NO PAN NO. AND ACCORDINGLY THE CREDITWORTHINESS WAS NOT PROVED. THE CIT(A) ALSO CONFIRMED ON THE SAME LINE. NOW BEFORE US, LD. COU NSEL FOR THE ASSESSEE AS WELL AS LD. DEPARTMENTAL REPRESENTATIVE FAIRLY STATED THAT IN CASE THE ASSESSEE IS ABLE TO PROVE THE SOURCE OF DEPOSIT, AS UNDERTOOK BY THE LD . COUNSEL, THE ISSUE CAN BE REMITTED BACK TO THE FILE OF ASSESSING OFFICER. ACC ORDINGLY, THIS ISSUE OF THE ASSESSEES APPEAL, WE SET ASIDE TO THE FILE OF AO A S INDICATED ABOVE. 6. IN THE RESULT, ASSESSEES APPEAL IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 11/09/2009 SD/- SD/- (P.K.BANSAL) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD, DATED : 11/09/2009 *DKP COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)-XV, AHMEDABAD 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD