Shri Ramchandra H. Kishanwala, Surat V. The Income Tax Officer, Ward-2(2), Surat

ITA 197/AHD/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 9275 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 01-02-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 21-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M K PATEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITA NO. 197/AHD/2014 (ASSESSMENT YEAR:2009-10) RAMCHANDRA H. KISHANWALA 3/1938, SIDDHI SHERI, SALABATPURA, SURAT 395004 APPELLANT VS. THE INCOME TAX OFFICER, WARD 2(2), SURAT RESPONDENT PAN: ADWPK8613J /BY ASSESSEE : SHRI M. K. PATEL, A.R. /BY REVENUE : SHRI RAJDEEP SINGH, SR. D.R. /DATE OF HEARING : 01.02.2017 /DATE OF PRONOUNCEMENT : 08.02.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009-10 ARISES AGAINST THE CIT(A)-II, SURATS EX PARTE ORDER DATED 12.11.2013, PASSED IN APPEAL NO. CAS-II/81/2012-13, IN PROCEEDINGS U/S.143(3) OF THE INCOME TAX ACT, 1961, IN SHORT THE ACT. ITA NO. 197/AHD/2014 (SHRI RAMCHANDRA H. KISHANWALA . VS. ITO) A.Y. 2009-10 - 2 - 2. THE ASSESSEE RAISES FOUR SUBSTANTIVE GROUNDS IN ITS APPEAL CHALLENGING BOTH THE LOWER AUTHORITIES ACTION INTER ALIA MAKIN G ADDITIONS OF RS.15.53LACS QUA BANK DEPOSITS TREATED AS ALLEGED UNEXPLAINED IN VESTMENT FROM INCOME DERIVED, FDR INVESTMENTS OF RS.2,99,964/- AS UNEXPL AINED INVESTMENTS, UNEXPLAINED UNSECURED LOANS OF RS.2.81LACS AND INTE REST INCOME RECEIVED FROM THE TWO DEPOSITS HEREINABOVE TAKEN AS INVESTME NTS MADE FROM UNDISCLOSED SOURCES THEREBY COMPUTING TOTAL INCOME AS RS.9,83,490/-; RESPECTIVELY. 3. WE HAVE ALREADY INDICATED THAT THE CIT(A) HAS PA SSED AN EX PARTE ORDER IN UPHOLDING ASSESSING OFFICERS ACTION MAKING THE ABOVE STATED ADDITIONS IN ASSESSMENT ORDER DATED 21.12.2011. THE CIT(A) APPE ARS TO HAVE FIXED ASSESSEES APPEAL FOR HEARING ON 03.09.2013. THE A SSESSEE SOUGHT FOR AN ADJOURNMENT. THE CASE HEARING WAS ACCORDINGLY POST PONED TO 07.11.2013. THE CIT(A) THEN PASSED THE IMPUGNED EX PARTE ORDER AFTER OBSERVING THAT THE ASSESSEE DID NOT COMPLY WITH THE HEARING NOTICE ON THE SAID LAST DATE OF HEARING. HE HOWEVER FIND THAT THERE IS NO INDICATI ON IN THE LOWER APPELLATE ORDER WHICH COULD POINT OUT THAT THE CIT(A) HAD ISS UED ANY NOTICE OF HEARING WHICH COULD SERVE ON THE ASSESSEE OR HIS AUTHORIZED REPRESENTATIVE. LD. DEPARTMENTAL REPRESENTATIVE STRONGLY ARGUES THAT TH E ASSESSEE HAD ALSO NOT CO-OPERATED DURING SCRUTINY PROCEEDINGS. HE THEN C ONTENDS THAT THE CIT(A) HAS UPHELD ASSESSING OFFICERS FINDINGS SINCE THE A SSESSEES APPEAL COULD NOT INDICATE ANY IRREGULARITY OR ILLEGALITY IN THE ABOV E ADDITIONS. WE DO NOT CONCUR WITH THIS LAST SUBMISSION SINCE THE CIT(A) H AS BRUSHED ASIDE ALL OF ASSESSEES PLEADINGS SIMPLY BY EXPRESSING AGREEMENT WITH ASSESSING OFFICERS ACTION MAKING ALL THE IMPUGNED ADDITIONS WITHOUT GIVING ANY REASONING AS CONTEMPLATED UNDER THE PROVISIONS OF T HE ACT. WE THUS OBSERVE THAT THIS ASSESSEE DESERVES ONE MORE INNINGS BEFORE THE CIT(A). WE ORDER ITA NO. 197/AHD/2014 (SHRI RAMCHANDRA H. KISHANWALA . VS. ITO) A.Y. 2009-10 - 3 - ACCORDINGLY. LD. CIT(A) SHALL AFFORD THE ASSESSEE THREE EFFECTIVE OPPORTUNITIES OF HEARINGS WITHIN FOUR MONTHS OF GET TING A COPY OF THIS ORDER. 4. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICA L PURPOSES. [PRONOUNCED IN THE OPEN COURT ON THIS THE 08 TH DAY OF FEBRUARY, 2017.] SD/- SD/- ( AMARJIT SINGH ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 08/02/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 45 / GUARD FILE. BY ORDER / . // . /0