RAJ KUMAR JAIN, Jaipur V. ITO, Alwar

ITA 196/JPR/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5351 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 26-02-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KAILASH MANGAL CIT DHK
• Keywords: Revised return
• Section: 143(3); 148

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH VH- VKJ- EHUK] YS[ KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI T.R. MEENA, AM VK;DJ VIHY LA-@ ITA NO.196/JP/15 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2011-12 SHRI RAJ KAMAL JAIN M/S RAJ MEDICAL, LAXMANGARH, ALWAR CUKE VS. ITO, WARD 1(2), JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. ABHPJ 2610 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI B.P. MUNDRA (C.A.) ITA NO. 196/JP/15 SHRI RAJ KAMAL JAIN ALWAR VS. ITO, WARD 1(2), ALWR 2 ITA NO. 196/JP/15 SHRI RAJ KAMAL JAIN ALWAR VS. ITO, WARD 1(2), ALWR 3 ITA NO. 196/JP/15 SHRI RAJ KAMAL JAIN ALWAR VS. ITO, WARD 1(2), ALWR 4 ITA NO. 196/JP/15 SHRI RAJ KAMAL JAIN ALWAR VS. ITO, WARD 1(2), ALWR 5 ITA NO. 196/JP/15 SHRI RAJ KAMAL JAIN ALWAR VS. ITO, WARD 1(2), ALWR 6 JKTLO DH VKSJ LS@ REVENUE BY :S HRI KAILASH MANGAL (CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 19.04.2016 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 28/04/2016. VKNS'K@ ORDER PER SHRI KUL BHARAT, J.M . THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF CCIT(A), ALWAR DATED 18.12.2014 PERTAINING TO A.Y. 2011-12. THE ASSESESEE HAS RAISED THE FOLLOWING GROUND OF APPEAL: (I) THE LD. CIT(A) HAS ERROR IN CONFIRMING OF ADDI TION OF RS. 26,05,000/- ON ACCOUNT OF UNEXPLAINED CASH DEPOSIT AS THE SAME IS BAD IN LAW & FACTS. (II) THE LD. CIT(A) HAS ERROR IN CONFIRMING THAT TH E LD. AO HAS RIGHTLY FRAMED THE ASSESSMENT ORDER U/S 143(3) OF THE INCOME TAX A CT, 1961 WITH REFERENCE TO THE RETURN OF INCOME FILED ON 02.02. 2012 I.E. ORIGINAL RETURN OF INCOME AND NOT WITH REFERENCE TO THE NOTI CE ISSUED U/S 148 OF THE I.T. ACT 1961, THUS THE ASSESSMENT ORDER SUFFER S FROM GRAVE ILLEGALITY AND DESERVES TO BE QUASHED. 2. THE GROUND NO.1 IS AGAINST CONFIRMATION OF ADDIT ION OF RS. 26,05,000/- ON ACCOUNT OF DEPOSIT OF UNEXPLAINED CASH. 2.1 BRIEFLY STATED THE FACTS ARE THAT THE CASE OF THE ASSESSEE WAS PICKED UP FOR SCRUTINY ASSESSMENT AND ASSESSMENT U/S 143(3) O F INCOME TAX ACT, 1961 WAS FRAMED ON 03.02.2014. WHILE FRAMING THE ASSES SMENT ORDER THE AO MADE ITA NO. 196/JP/15 SHRI RAJ KAMAL JAIN ALWAR VS. ITO, WARD 1(2), ALWR 7 ADDITION OF RS. 29,72,410/- ON ACCOUNT OF UNEXPLAIN ED CASH DEPOSIT WITH DENA BANK BRANCH ALWAR AND SBI, NEW SANGANER ROAD, JAI PUR RESPECTIVELY, AND DIFFERENCE BETWEEN THE INCOME DECLARED IN ORIGINAL RETURN AND REVISED RETURN. AGGRIEVED BY THIS ORDER THE APPELLANT FILED AN APP EAL BEFORE THE LD. CIT(A) WHO AFTER CONSIDERING THE FACTS PARTLY ALLOWED THE APP EAL. THEREBY LD. CIT(A) SUSTAINED THE ADDITION OF RS. 26,05,000/- I.E. UNE XPLAINED CASH DEPOSITS OUT OF TOTAL ADDITION OF RS. 29,72,410/-. AGGRIEVED BY TH IS THE ASSESSEE IS FURTHER APPEAL BEFORE THIS TRIBUNAL. 2.2 THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE AUTHORITIES BELOW WAS NOT JUSTIFIED IN MAKING THE ADDITION AND HAVE NOT CONSIDERED THE SUBMISSIONS OF THE ASSESSEE. IN SUPPORT OF THE CONT ENTION THAT THE DEPOSIT ARE DULY EXPLAINED THAT HE DREW OUR ATTENTION TO CASH F LOW STATEMENT SUBMITTED ALONGWITH PAPER BOOK AT PAGE 25 TO 27. 2.3 ON THE CONTRARY THE SR. DR. SUPPORTED THE ORDER OF THE AUTHORITIES BELOW AND OPPOSED THE SUBMISSIONS MADE BY THE LD.AR. 2.4 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHOR ITIES BELOW. ON THE POINTED QUERY WHETHER THE CASH FLOW STATEMENT AS FURNISHED BEFORE THE TRIBUNAL IN THE FORM OF PAPER BOOK AT PAGE 25 TO 27 WAS PLACED BEFORE THE LD. CIT(A) OR NOT. IN RESPONSE THERETO, THE LD. COUNSE L SUBMITTED IN NEGATIVE. AFTER CONSIDERING THE TOTALITY OF THE FACTS WE DEEM IT PROPER IN THE INTEREST OF JUSTICE TO RESTORE THIS GROUND TO THE FILE OF THE LD. CIT(A) TO DECIDE THE ISSUE AFRESH AFTER CONSIDERING THE CASH FLOW STATEMENT AN D OBTAINING THE REMAND REPORT FROM THE AO. NEEDLESS TO SAY LD. CIT(A) WOU LD AFFORD SUFFICIENT OPPORTUNITY TO THE PARTIES. THIS GROUND OF ASSESS EES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. 3. GROUND NO.2 IS AGAINST THE VALIDITY OF ASSESSMEN T . DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT HE DID NOT WISH TO PRESS THE SAME AT THIS STAGE. 3.1 THE LD. SR. DR HAS NO OBJECTION WITH THIS SUBMI SSION OF THE LD. COUNSEL FOR THE ASSESSEE. IN VIEW OF THE SUBMISSION MADE BY TH E LD. COUNSEL FOR THE ASSESSEE THIS GROUND OF THE APPEAL IS DISMISSED A S NOT PRESSED. ITA NO. 196/JP/15 SHRI RAJ KAMAL JAIN ALWAR VS. ITO, WARD 1(2), ALWR 8 IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS P ARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28 / 04/2016. SD/- SD/- ( T.R. MEENA) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 28 / 04 /2016 PILLAI VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- SHRI RAJ KAMAL JAIN, ALWAR 2. THE RESPONDENT- ITO WARD 1(2), ALWAR 3. THE CIT(A) ALWAR 4. THE CIT-ALWAR 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 196 /JP/15) VKNS S'KKUQLKJ@ BY ORDER, GK;D IATHDKJ@ ASSISTANT. REGISTRAR