AMIT KOTAWALA, Jaipur V. ITO, Jaipur

ITA 204/JPR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5510 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 19-03-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA JCIT DR DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JUDICIAL MEMBER VK;DJ VIHY LA-@ ITA NO. 204/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 SHRI AMIT KOTAWALA PROP. M/S. AUTHENTIC STONE TRADING CO. 9, JAMNA LAL BAJAJ MARG, C-SCHEME, JAIPUR CUKE VS. THE DCIT CIRCLE- 2 JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: ABZPK 2229 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE JKTLO DH VKSJ LS@ REVENUE BY :SHRI RAJ MEHRA, JCIT - DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 29/01/2016 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 01 /02/2016 VKNS'K@ ORDER PER R.P. TOLANI, JM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST T HE ORDER OF THE LD. CIT(A)-II, JAIPUR DATED 18-01-2014 FOR THE ASSESSME NT YEAR 2008-09 RAISING THEREIN SOLITARY GROUND AS UNDER:- THAT THE LD. CIT(A) JAIPUR HAS GROSSLY ERRED IN L AW AS WELL AS IN FACT, WHILE DISALLOWING 25% OF THE PU RCHASES IN SPITE OF THE FACT THAT THE ASSESSEE HAS PRODUCED CO NFIRMATIONS FROM THE PARTIES FROM WHOM GOODS WERE PURCHASED AND THE PAYMENTS WERE MADE BY ACCOUNT PAYEE CHEQUES WHICH W ERE SUBSEQUENTLY CLEARED AND HAD REQUESTED THE AO TO CA LL FOR ITA NO. 204/JP/2014 SHRI AMIT KOTAWALA VS. ITO WARD- 6(3), JAIPUR . 2 FORCED ATTENDANCE OF THE RESPECTIVE PARTIES FOR WHI CH THE ASSESSEE WAS READY TO BEAR THE EXPENSES, FOR WITHOU T ANY REASON AND BASIS. 2.1 NONE APPEARED ON BEHALF OF THE ASSESSEE IN SPIT E OF NOTICE OF THIS HEARING. CONSEQUENTLY, UNDERSIGNED IS LEFT WITH NO ALTERNATIVE BUT TO DECIDE THE APPEAL ON MERITS, EX PARTE QUA THE ASSES SEE, AFTER HEARING LD. DR AND AFTER PERUSAL OF THE MATERIALS AVAILABLE ON RECORD. 2.2 DURING THE COURSE OF HEARING THE LD. DR RELIED ON THE ORDER OF THE LD. CIT(A) AND CONTENDS THAT REVENUE HAS GONE IN AP PEAL BEFORE THE HON'BLE RAJASTHAN HIGH COURT ON THE ISSUE OF UNVERI FIABLE PURCHASES. 2.3 I HAVE HEARD THE LD. DR AND PERUSED THE MATERIA LS AVAILABLE ON RECORD. IT IS OBSERVED THAT THIS BENCH OF ITAT IN B UNCH OF APPEALS BY CONSOLIDATED ORDER IN THE CASE OF ANUJ KUMAR VARSHN EY & OTHERS VS. ITO (ITA NO. 187/JP/2012 DATED 22-10-2014) HAS HELD THA T 15% OF UNVERIFIABLE PURCHASES SHALL BE HELD TO BE INCOME O F THE ASSESSEE FROM UNDISCLOSED SOURCES IN THE RELEVANT YEARS. THEREFOR E, THE APPEAL MAY BE DECIDED IN VIEW OF THE ITAT ORDER. HOWEVER, AT THE SAME TIME, IT IS PLEADED TO SET ASIDE THE MATTER AS THAT BOTH REVENU E AND ASSESSEE HAVE GONE IN APPEAL BEFORE HON'BLE RAJASTHAN HIGH COURT AGAINST THIS BUNCH OF ORDERS. THUS IN VIEW OF THE CONSISTENCY OF DECISION IN THIS CASE, THE ISSUE ITA NO. 204/JP/2014 SHRI AMIT KOTAWALA VS. ITO WARD- 6(3), JAIPUR . 3 RAISED IN ASSESSEE'S APPEAL IS SET ASIDE AND RESTOR ED BACK TO THE FILE OF THE AO TO DECIDE THE SAME AFRESH AFTER THE JUDGMENT OF HON'BLE RAJASTHAN HIGH COURT IN THE CASE OF ANUJ KUMAR VARSHNEY & OTH ERS (SUPRA) IS DELIVERED, AFTER GIVING ADEQUATE OPPORTUNITY OF BEI NG HEARD TO THE ASSESSEE. THUS GROUND NO . 1 OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 3.0 IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSES ORDER PRONOUNCED IN THE OPEN COURT ON 01 / 02/2016 SD/- VKJ-IH-RKSYKUH (R.P.TOLANI) U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 01 /02/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI AMIT KOTAWALA, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD- 6(3), JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 204/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR