Shri Rajkishore Rameshwarlal Sharma, Surat V. The Income tax Officer,Ward-6(3), Surat

ITA 2091/AHD/2010

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 80404 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 25-09-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 18-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROOP CHAND
• Assessee Lawyers: M K PATEL
• Keywords: Unexplained investment

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD , , BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ./ I.T.A. NO.2091/AHD/2010 ( / ASSESSMENT YEAR : 2006-07) RAJKISHORE RAMESHWARLAL SHARMA C-708, INTERNATIONAL TRADE CENTRE MAJURAGATE, RING ROAD SURAT / VS. THE INCOME TAX OFFICER WARD-6(3) SURAT ' ./ ./ PAN/GIR NO. : AKZPS 3724 N ( '% / APPELLANT ) .. ( &''% / RESPONDENT ) '%( / APPELLANT BY : SHRI M.K. PATEL, A.R. &''%)( / RESPONDENT BY : SHRI ROOP CHAND SR.DR *) / DATE OF HEARING 25/09/2014 +,-.) / DATE OF PRONOUNCEMENT 15/10/2014 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD.COMMISSIONER OF INCOME TAX(APPEALS)-IV, SURAT (CIT(A) IN SHORT) DATED 18/05/2010 PERTAINING TO ASSESSMENT YEAR (AY) 2006-07. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEA L:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED COMMISSIONER OF THE INCOME TAX (APPEALS) HAS ERRED CONFIRMING THE ADDITION OF RS.14,07,032/- AS THE UNACCOUNTED INVESTMENT. ITA NO. 2091/AH D/2010 RAJKISHORE RAMESHWARLAL SHARMA VS. THE INCOME TAX OFFICER ASST.YEAR 2006-07 - 2 - 2. IT IS THEREFORE PRAYED THAT THE ABOVE ADDITION MAY PLEASE BE DELETED AS LEARNED MEMBERS OF THE TRIBUNAL MAY DEEM IT PROP ER. 3. APPELLANT CRAVES LEAVE TO ADD, ALTER OR DELETE ANY GROUND(S) EITHER BEFORE OR IN THE COURSE OF THE HEARING OF THE APPEA L. 2. AT THE OUTSET, THE LD.COUNSEL FOR THE ASSESSEE S UBMITTED THAT CROSS- APPEAL (I.E. ITA NO.2381/AHD/2010 FOR AY 2006-07) F ILED BY THE REVENUE IN ASSESSEES OWN CASE HAS BEEN ALLOWED FOR STATISTICAL PURPOSES BY THIS TRIBUNAL (ITAT A BENCH AHMEDABAD) VIDE OR DER DATED 17/05/2013. 2.1. THE LD.SR.DR DID NOT CONTROVERT THIS SUBMISSIO N OF THE LD.COUNSEL FOR THE ASSESSEE. 3. WE HAVE HEARD THE LD.COUNSEL FOR THE ASSESSEE. WE FIND THAT THE CROSS-APPEAL OF THE REVENUE IN ASSESSEES OWN CASE WAS FIXED FOR HEARING ON 29/04/2013 AND ON THE APPOINTED DATE OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. THE REVENUE HAD NOT POINTED OUT ABOUT THE PENDENCY OF THE CROSS-APPEAL OF THE ASSESSEE ON THA T DATE. IT IS ALSO SUBMITTED BY THE LD.COUNSEL FOR THE ASSESSEE THAT T HE LD.CIT(A) HAS NOT DISPOSED OF THE ISSUE RAISED IN THE REVENUES APPEA L. THEREFORE, HE SUBMITTED THAT IN THE INTEREST OF JUSTICE, THIS APP EAL MAY ALSO BE RESTORED TO THE FILE OF LD.CIT(A) FOR FRESH DECISION. 3.1. AFTER CONSIDERING THE TOTALITY OF THE FACTS AN D THE SUBMISSIONS OF THE PARTIES, THIS APPEAL IS ALSO RESTORED TO THE FI LE OF LD.CIT(A) FOR DECISION AFRESH. ITA NO. 2091/AH D/2010 RAJKISHORE RAMESHWARLAL SHARMA VS. THE INCOME TAX OFFICER ASST.YEAR 2006-07 - 3 - 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN COURT ON THE DATE MENTIONED HER EINABOVE AT CAPTION PAGE SD/- SD/- ( ) ( ) ( ANIL CHATURVEDI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 15/10/2014 2..,.../ T.C. NAIR, SR. PS !'#$%&' &$ / COPY OF THE ORDER FORWARDED TO : 1. '% / THE APPELLANT 2. &''% / THE RESPONDENT. 3. 345 6 / CONCERNED CIT 4. 6 ( ) / THE CIT(A)-IV, SURAT 5. 78& 45 , 45. , 3 / DR, ITAT, AHMEDABAD 6. 8:;<* / GUARD FILE. ! / BY ORDER, '7 & //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 1.10.14 (DICTATION-PAD 4- P AGES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 8.10.14 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BA CK TO THE SR.P.S./P.S.15.10.14 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 15.10.14 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER