Income-tax Officer, V. Smt. Archana Ashok Dukre, Osmanabad

ITA 1958/PUN/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2746 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 2 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-09-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 07-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K BIJU
• Assessee Lawyers: V L JAIN
• Keywords: Tax effect; Condonation of delay
• Section: 143(3); 148; 144

Judgement Text

] ]] ] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE , !, # $ BEFORE MS. SUSHMA CHOWLA, JM AND SHRI PRADIP KUMAR KEDIA, AM ITA NO.1912/PN/2013 ASSESSMENT YEAR : 2006-07 SMT. ARCHANA A. DUKRE, A/P NALDURG, TQ. TULJAPUR, DIST. OSMANABAD. PAN : ASPPD9080Q . APPELLANT VS. THE INCOME TAX OFFICER, WARD-3(4), LATUR. . RESPONDENT ITA NO.1958/PN/2013 ASSESSMENT YEAR : 2006-07 THE INCOME TAX OFFICER, WARD-3(4), LATUR. . APPELLANT VS. SMT. ARCHANA A. DUKRE, A/P NALDURG, TQ. TULJAPUR, DIST. OSMANABAD. PAN : ASPPD9080Q . RESPONDENT ASSESSEE BY : SHRI V. L. JAIN DEPARTMENT BY : SHRI M. K. BIJU / DATE OF HEARING : 02.02.2016 / DATE OF PRONOUNCEMENT: 05.02.2016 % / ORDER PER PRADIP KUMAR KEDIA, AM : THE AFORESAID CAPTIONED CROSS APPEALS FILED BY THE ASSESSEE AND THE REVENUE ARE AGAINST THE ORDER OF CIT(A), AURANGABAD , DATED 14.08.2013 RELATING TO ASSESSMENT YEAR 2006-07 PASSED UNDER SE CTION 144 R.W.S. 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2 ITA NO.1912/PN/2013 ITA NO.1958/PN/2013 2. THE CROSS APPEALS FILED BY THE ASSESSEE AND THE REVENUE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CONSOLID ATED ORDER. 3. BRIEFLY STATED, THE RELEVANT FACTS OF THE CASE A RE THAT THE ASSESSEE FILED HER RETURN OF INCOME FOR THE ASSESSMENT YEAR 2006-07 UN DER CONSIDERATION ON 08.03.2007 DECLARING TOTAL INCOME OF RS.1,32,084/- AND AGRICULTURAL INCOME AT RS.1,29,875/-. THE CASE WAS REOPENED UNDER SECTION 147 OF THE ACT AND NOTICE UNDER SECTION 148 OF THE ACT DATED 23.03.2011 WAS I SSUED AND DULY SERVED UPON THE ASSESSEE FOR ESCAPEMENT OF INCOME. PURSUA NT THERETO, THE ASSESSMENT WAS FRAMED UNDER SECTION 143(3) R.W.S. 147 OF THE A CT VIDE ORDER DATED 28.11.2011 AND ASSESSED INCOME AT RS.20,54,642/- AL ONG WITH AGRICULTURAL INCOME OF RS.1,29,875/- AS OFFERED. 4. AGGRIEVED BY THE ORDER OF THE ASSESSING OFFICER, THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A). THE CIT(A) GRANTED PA RTIAL RELIEF OUT OF ADDITIONS IN RESPECT OF CERTAIN UNEXPLAINED BANK DE POSIT TO THE EXTENT OF RS.11,07,558/- AND CONFIRMED THE ADDITION TOWARDS U NEXPLAINED BANK DEPOSIT TO THE EXTENT OF RS.1,85,000/-. THE CIT(A) ALSO CO NFIRMED THE ADDITION OF RS.6,00,000/- TOWARDS UNEXPLAINED TERM DEPOSIT AND RS.30,000/- AS INTEREST EARNED THEREON. THE CIT(A) ALSO CONFIRMED THE ACTI ON OF THE ASSESSING OFFICER UNDER SECTION 147 OF THE ACT. 5. AGGRIEVED BY THE IMPUGNED ORDER OF THE CIT(A), B OTH, ASSESSEE AND THE REVENUE ARE IN CROSS APPEALS BEFORE US. 6. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE FAIRLY ADMITTED THAT THE TAX EFFECT IN RESPECT OF REVENUES APPEAL DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS IN TERMS OF RECENT CBDT CIRCUL AR NO.21/2015 DATED 10 TH DECEMBER, 2015. SINCE THE TAX EFFECT IN THE PRESEN T APPEAL FILED BY THE REVENUE IS ADMITTEDLY LESS THAN RS. 10 LAKHS, THE A PPEAL OF THE REVENUE STANDS DISMISSED IN VIEW OF EXPRESSED INSTRUCTION OF THE C BDT (SUPRA). 3 ITA NO.1912/PN/2013 ITA NO.1958/PN/2013 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. 8. THE ASSESSEE IN ITS APPEAL, AT THE OUTSET, SOUGH T CONDONATION OF DELAY IN FILING THE APPEAL BY ONE DAY AS PER APPLICATION DAT ED 10.08.2015. THERE BEING MARGINAL DELAY, THE PRAYER OF THE ASSESSEE IS GRANT ED AND DELAY IS CONDONED. 9. THE LD. AUTHORIZED REPRESENTATIVE FOR THE ASSESS EE INTER-ALIA QUESTIONED THE JURISDICTION OF THE ASSESSING OFFICER UNDER SEC TION 147 R.W.S. 148 OF THE ACT. HIS FIRST PLANK OF CONTENTION IS THAT THE REA SONS FOR REOPENING WERE NOT PROVIDED TO THE ASSESSEE IN THE COURSE OF ASSESSMEN T PROCEEDINGS. HE THEREAFTER SUBMITTED THAT REASONS PROVIDED NOW IN T HE COURSE OF APPELLATE PROCEEDINGS BEFORE THE TRIBUNAL WOULD SHOW THAT THE MAIN REASON FOR REOPENING THE ASSESSMENT IS DEPOSIT OF CASH OF RS.6 ,00,000/- IN THE BANK AND UTILIZING THE SAME FOR CREATING OF FIXED DEPOSIT. HE SUBMITTED THAT THE FIXED DEPOSIT HAS BEEN DULY DISCLOSED IN THE BALANCE SHEE T AND THEREFORE REOPENING IS NOT CALLED FOR. 10. SINCE WE FIND THAT THE REASONS FOR REOPENING WE RE NOT PROVIDED TO THE ASSESSEE AND THEREFORE THE ASSESSEE COULD NOT DEAL WITH THE SAME BEFORE THE ASSESSING OFFICER, WE CONSIDER IT JUST AND EXPEDIEN T TO REMIT THE MATTER BACK AND RESTORE THE SAME TO THE FILE OF THE ASSESSING O FFICER FOR PROPER ADJUDICATION OF THE ISSUE IN ACCORDANCE WITH LAW AND IN THE LIGH T OF DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF ACIT VS. RAJESH JHAVER I STOCK BROKERS (P) LTD., (2007) 291 ITR 500 (SC) AFTER GIVING PROPER OPPORTU NITY OF BEING HEARD TO THE ASSESSEE. IN VIEW OF OUR AFORESAID OBSERVATIONS, W E DO NOT CONSIDER IT NECESSARY TO DWELL UPON OTHER GROUNDS OF APPEAL AT THIS STAGE AND ARE THEREFORE KEPT OPEN. 11. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. 4 ITA NO.1912/PN/2013 ITA NO.1958/PN/2013 12. RESULTANTLY, THE APPEAL OF THE ASSESSEE IS ALLO WED FOR STATISTICAL PURPOSES AND THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 05 TH DAY OF FEBRUARY, 2016. SD/- SD/- ( SUSHMA CHOWLA ) ( PRADIP KUMAR KEDIA ) / JUDICIAL MEMBER # / ACCOUNTANT MEMBER PUNE ; DATED : 05 TH FEBRUARY, 2016. % & '() *)' / COPY OF THE ORDER IS FORWARDED TO : 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A), AURANGABAD; 4) THE CIT, AURANGABAD; 5) THE DR A BENCH, I.T.A.T., PUNE; 6) GUARD FILE. %+ / BY ORDER , //TRUE COPY// ! '# / SR. PRIVATE SECRETARY $ %& %'' , / ITAT, PUNE