SANGRAM AVINASH PATIL, RAIGAD V. ITO WD 2, PANVEL

ITA 2021/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3465 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2008-2009
• Appeal Filed On: 25-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Principle of natural justice; Additional evidence
• Section: 68

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI . . , , !' #$, % , & BEFORE SHRI B.R.BASKARAN, AM AND SHRI AMARJIT SINGH , JM / I.T.A. NO.2021/MUM/14 ( % ' (' / ASSESSMENT YEAR: 2008-09) SHRI SANGRAM AVINASH PATIL ROOM NO.9, 3 RD FLOOR, HARIKRUPA BUILDING, HARIOM NAGAR, PANVEL / VS. INCOME TAX OFFICER WARD 2, TRIFED TOWER, KHANDA COL ONY, PANVEL ./ ./ PAN/GIR NO. : ANBPP0339D ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 06.04.2016 !' /DATE OF PRONOUNCEMENT: 18.05.2016 #$ / O R D E R PER AMARJIT SINGH, JM: THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINS T THE ORDER DATED 24.01.2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-I, MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)] RE LEVANT TO THE ASSESSMENT YEAR 2008-09. ASSESSEE BY: SHRI KUNAL MANGAL DEPARTMENT BY: SHRI A.K.NAYAK ITA NO.2021/MUM/14 A.Y.2008-09 2 2. THE LEARNED COUNSEL APPEARED FOR THE ASSESSEE MO VED AN APPLICATION FOR ADMISSION OF CERTAIN ADDITIONAL EVI DENCE. HE FURTHER SUBMITTED THAT THE ASSESSEE HAS OBTAINED FUNDS FROM HIS CLOSE RELATIVES WHO ARE HAVING SUFFICIENT AGRICULTURAL INCOME. AT THE TIME OF HEARING, THE ASSESSEE WAS NOT IN A POSITION TO FURNISH THE D ETAILS OF AGRICULTURAL HOLDING AND HENCE THE ASSESSING OFFICER AS WELL AS LEARNED CIT(A) ADDED THE LOAN AMOUNTS U/S 68 OF THE ACT BY HOLDING THAT THE ASSESSEE HAS NOT TREATED THE CREDITWORTHINESS OF THE CREDIT ORS. THE LEARNED AR SUBMITTED THAT THE ASSESSEE HAS NOW FURNISHED THE D ETAILS OF AGRICULTURAL HOLDING BY WAY OF ADDITIONAL EVIDENCES AND ACCORDINGLY PRAYED THAT THESE EVIDENCES MAY KINDLY BE ADMITTED. 3. WE HAVE HEARD THE LEARNED DR AND PERUSED THE REC ORD WE NOTICE THAT THE ADDITION MADE U/S. 68 OF THE ACT HA S BEEN CONFIRMED BY THE LEARNED CIT(A) ON THE GROUND THAT THE ASSESSEE HAS FAILED TO PROVE THE CREDITWORTHINESS OF THE CREDITORS. NOW THE ASS ESSEE HAS FILED CERTAIN ADDITIONAL EVIDENCES TO PROVE THE CREDITWOR THINESS OF THE CREDITORS HENCE IN THE INTEREST OF NATURAL JUSTICE WE ADMIT THESE ADDITIONAL EVIDENCES. SINCE ADDITIONAL EVIDENCES REQUIRES EXAMINATION AT THE END OF ASSESSING OFFICER WE SET ASIDE THE ORDER OF LEARNED CIT(A) AND RESTORE THE MATTER TO THE FILE O F ASSESSING OFFICER. 4. IT IS ASSERTED THAT CERTAIN CREDITORS ARE NOT CO -OPERATING WITH THE ASSESSING OFFICER AND HENCE THE ASSESSING OFFICER M AY KINDLY BE DIRECTED TO EXAMINE THEM BY ISSUING SUMMONS. SINCE THE ENTIRE ISSUES ITA NO.2021/MUM/14 A.Y.2008-09 3 HAVE BEEN RESTORED TO THE FILE OF ASSESSING OFFICER , THEREFORE, THE ASSESSEE IS HEREBY DIRECTED TO FURNISH ANY RELEVANT INFORMATION TO THE ASSESSING OFFICER FOR ACTING IN ACCORDANCE WITH LAW . ANY EXPLANATION AND ALSO THE CONTENTIONS / EVIDENCES IF ANY ADDUCI BLE BY THE ASSESSEE MAY BE PRODUCED BEFORE THE ASSESSING OFFICER IN ACC ORDANCE WITH LAW. 5. IN RESULT THE APPEAL FILED BY THE ASSESSEE IS TR EATED AS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH MAY , 2016. SD/- SD/- (B.R.BASKARAN) (AMARJIT SINGH) # / ACCOUNTANT MEMBER %& # /JUDICIAL MEMBER ' ( MUMBAI; )# DATED: 18 TH MAY, 2016 MP MP MP MP * + ,%'#- .-(' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. * ( ) / THE CIT(A)- 4. * / CIT 5. -./ &&01 , 01' , ' ( / DR, ITAT, MUMBAI 6. /34 5 / GUARD FILE. * / BY ORDER, - & //TRUE COPY// //$ ! /(DY./ASSTT. REGISTRAR) , ' ( / ITAT, MUMBAI