SHRI SHRINIVASAN GOPALAKRISHNNA, Nagpur V. THE DCIT, CIRCLE-8, Nagpur

ITA 20/NAG/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1683 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2015
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 13-01-2014
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Assessee Lawyers: ARVIND BAWANE
• Keywords: Unexplained cash credit; Principle of natural justice
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO. 20/NAG./2014 ( ASSESSMENT YEAR : 2008-09 ) SHRI SHRINIVASAN GOPALAKRISHNAN GOPALAKRISHNNA C/O H.H. CHIMTHANAWALA CHARTERED ACCOUNTANT COMPLEX RESIDENCY ROAD, SADAR NAGPUR 400 001 PAN AGUPG0494L APPELLANT V/S DY. COMMISSIONER OF INCOME TAX CIRCLE8, NAGPUR .... RESPONDENT ASSESSEE BY : SHRI ARVIND BAWANE REVENUE BY : SHRI NARENDRA KANE DATE OF HEARING 19.08.2015 DATE OF ORDER 28.08 .2015 O R D E R PER MUKUL K. SHRAWAT, J.M. THIS APPEAL FILED BY THE ASSESSEE IS EMANATING FROM THE IMPUGNED ORDER DATED 28 TH OCTOBER 2013, PASSED BY THE LEARNED COMMISSIONER (APPEALS)-II, NAGPUR, FOR THE ASSESSME NT YEAR 2008-09, ON THE FOLLOWING GROUNDS OF APPEAL: 1. THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE ACT IS ILLEGAL, INVALID AND BAD-IN-LA W. M/S. SHREE RAMDEOBABA STEEL PVT. LTD. 2 2. THE ADDITION OF ` 5,50,529, MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINED CASH CREDIT IS UNJUSTIFIED, UNWARRANTED AND BAD-IN-LAW. 3. THE ORDER OF THE LEARNED COMMISSIONER (APPEALS) DISMISSING APPEAL OF ASSESSEE IN DEFAULT IS ILLEGAL, INVALID A ND BAD IN LAW AND IS IN VIOLATION OF PRINCIPLE OF NATURAL JUSTICE. 4. THE LEARNED COMMISSIONER (APPEALS) ERRED IN CONF IRMING THE ADDITION OF ` 5,50,529 WITHOUT CONSIDERING THE MERITS OF THE CASE. 2. AS PER THE ABOVE GROUNDS RAISED BY THE ASSESSEE, TH E VALIDITY OF ORDER PASSED UNDER SECTION 143(3) OF THE ACT HAS BEEN CHA LLENGED ALONG WITH AN ADDITION OF ` 5,50,529, ON ACCOUNT OF UNEXPLAINED CASH CREDIT. H OWEVER, AT THE OUTSET, WE HAVE NOTED THAT THE IMPUGNED ORDER O F THE LEARNED CIT(A) IS AN EX-PARTE ORDER AGAINST THE ASSESSEE. ALTHOUGH TH E LEARNED CIT(A) HAS MENTIONED FEW DATES ON WHICH REPEATEDLY ADJOURNMENT S WERE SOUGHT AND FINALLY NO ONE HAD ATTENDED BUT STILL WE ARE OF THE CONSIDERED OPINION THAT AS PER THE PROVISIONS OF SECTION 250(6) OF THE ACT, AN ORDER DISPOSING OFF THE APPEAL BY THE LEARNED CIT(A) AND DETERMINE THE POIN TS IN DISPUTE AND THE REASONS FOR THE SAID DECISION. THE ASSESSEE IS ALSO HEREBY DIRECTED TO EITHER APPEAR HIMSELF OR THROUGH HIS AUTHORIZED REPRESENTATIVE BEFORE THE LEAR NED CIT(A) WITHIN THIRTY DAYS FROM THE DATE OF RECEIPT OF THIS ORD ER SUO-MOTU WITHOUT WAITING FOR ANY FORMAL NOTICE OF HEARING AND TAKE ALL NECESSARY STEPS TO GET THIS APPEAL FINALIZED AT AN EARLY DATE. HOWEVER, THE M/S. SHREE RAMDEOBABA STEEL PVT. LTD. 3 REVENUE AUTHORITIES ARE AT LIBERTY TO ADOPT DUE LEGAL RECOURSES AS PRESCRIBED UNDER THE INCOME TAX ACT, 1961. WE ORDER A CCORDINGLY. 3. IN THE RESULT, ASSESSEES APPEAL STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28.08.2015 SD/ - SHAMIM YAHYA ACCOUNTANT MEMBER SD/ - MUKUL K. SHRAWAT JUDICIAL MEMBER NAGPUR, DATED: 28.08.2015 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, NAGPUR CITY CONCERNED; (5) THE DR, ITAT, NAGPUR; (6) GUARD FILE. TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY A SSISTANT REGISTRAR ITAT, NAGPUR