Shri Devendranath G. Chaturvedi, Ahmedabad V. The ACIT., Cent.Circle-2(2), Ahmedabad

ITA 2173/AHD/2007

• Counselvise Citation: 217320514 RSA 2007
• Duration Of Justice: 4 year(s) 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 09-02-2012
• Assessment Year: 2000-2001
• Appeal Filed On: 22-05-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Peak credit; Block assessment

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD , . .!'#$, % & BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER APPEAL(S) BY SL. NO(S). ITA NO(S) ASSESSMENT YEAR(S) APPELLANT (S) RESPONDENT(S) 1. 2173/AHD/07 2000-01 SH.DEVENDRANATH G.CHATURVEDI B.NO.11/13, NIRANT PARK SOCIETY PART-I, OPP.SUN-N- STEP CLUG THALTEJ, AHMEDABAD PAN:AECPC09270L THE ACIT CENTRAL CIR-2(2) AHMEDABAD 2. 2174/AHD/07 2003-04 -DO- -DO- 3. 2642/AHD/07 1998-99 THE DCIT CEN.CIR-2(2)AHD ASSESSEE SH.DEVENDRARANATH G.CHATURVEDI 4. 2643/AHD/07 1999-2000 REVENUE ASSESSEE 5. 2644/AHD/07 2000-01 REVENUE ASSESSEE 6. 2645/AHD/07 2001-02 REVENUE ASSESSEE 7. 2646/AHD/07 2002-03 REVENUE ASSESSEE 8. 2647/AHD/07 2003-04 REVENUE ASSESSEE 9. 2648/AHD/07 2004-05 REVENUE ASSESSEE 10. 2175/AHD/07 2004-05 SMT.ANITABEN DEVENDRANATH CHATURVEDI, THALTEJ PAN :AAYPC 9724B REVENUE 11. 2649/AHD/07 1998-99 REVENUE ASSESSEE 12. 2650/AHD/07 1999-2000 REVENUE ASSESSEE 13. 2651/AHD/07 2000-01 REVENUE ASSESSEE 14. 2652/AHD/07 2001-02 REVENUE ASSESSEE 15. 2653/AHD/07 2002-03 REVENUE ASSESSEE 16. 2654/AHD/07 2003-04 REVENUE ASSESSEE 17. 2655/AHD/07 2004-05 REVENUE ASSESSEE ASSESSEE(S) BY : SHRI A.L. THAKKAR, A.R. REVENUE BY : SHRI KARTAR SING CIT-D.R. '( ) *% / / / / DATE OF HEARING : 09/02/2012 ,'- ) *% / DATE OF PRONOUNCEMENT : 09/02/2012 ITA NOS.2173/A/07, 2174/A/07 2642/A/07 TO 2648/A/07 AND 2175/A/07, 2649 TO 2655/A/07 - 2 - . / O R D E R PER BENCH: IN THE CASE OF SHRI DEVENDRANATH G.CHATURVEDI A CO NSOLIDATED ORDER WAS PASSED BY LD.CIT(A)-III, AHMEDABAD DATED 30/03/2007 INVOLVING ASST.YEARS 1998-99 TO 2004-05. AGAINST T HIS ORDER, FOR A.YS. 2000-01 AND 2003-04 CROSS APPEALS HAVE BEEN F ILED, HOWEVER IN RESPECT OF REST OF THE YEARS REVENUE IS IN APPEA LS. IN THE CASE OF SMT. ANITABEN B.DEVENDRANATH, LIKEWISE, A CONSOLIDA TED ORDER WAS PASSED BY LD.CIT(A)- AHMEDABAD DATED 15/03/2007 IN VOLVING AYS 1998-99 TO 2004-05. FOR A.Y. 2004-05 CROSS APPEALS HAVE BEEN FILED, HOWEVER, IN RESPECT OF REST OF THE AYS ONLY REVENUE IS IN APPEAL. 2. AT THE OUTSET, AN ORDER OF THE TRIBUNAL, ITAT A BENCH AHMEDABAD IS PLACED ON RECORD DATED 13/01/2012 PERT AINING TO BLOCK PERIOD 01/04/1990 TO 07/03/2001 WHICH WAS PRO NOUNCED IN THE CASE OF DEVENDRA G.CHATURVEDI BEARING IT(SS) A NOS.168 & 201/AHD/2006. PARTIES APPEARING BEFORE US HAVE I NFORMED THAT A LEGAL ISSUE WAS RAISED THROUGH AN ADDITIONAL GROUND IN THOSE APPEALS AND FOR THE SAKE OF CLARITY, REPRODUCED BELOW:- THE APPELLANT SUBMITS THAT THE LEARNED ASSESSING O FFICER HAS ERRED IN COMPLETING THE ASSESSMENT WITHOUT ISSUING THE NOTICE U/S.143(2) OF THE INCOME TAX ACT, 1961 AND HENCE TH E ORDER ITA NOS.2173/A/07, 2174/A/07 2642/A/07 TO 2648/A/07 AND 2175/A/07, 2649 TO 2655/A/07 - 3 - PASSED U/S.158BC OF THE INCOME TAX ACT, 1961 IS ILL EGAL AND VOID AB-INITO AND AS SUCH THE SAME IS LIABLE TO BE QUASHED. 2.1. WE HAVE ALSO OBTAINED COPY OF GROUNDS RAISED I N THOSE APPEALS BEFORE THE TRIBUNAL AND WE FIND THAT ONE OF THE IS SUES INVOLVED IS REGARDING PEAK BANK CREDIT AS PER GROUND NO.23. IN THE PRESENT APPEALS BEFORE US ALSO, SAME ISSUE IS ALSO INVOLVE D IN ALL THE YEARS. 3. AFTER DISCUSSION, THE RESPECTED CO-ORDINATE BENC H HAS RESTORED THIS LEGAL ISSUE BACK TO THE FILE OF THE L D.CIT(A), HOWEVER REST OF THE GROUNDS HAVE NOT BEEN ADJUDICATED UPON WHICH TANTAMOUNT TO RESTORATION BACK TO CIT(A) ALONG WITH THE SAID ADDITIONAL GROUND. THIS ASPECT IS EVIDENT FROM TH E FINAL OUTCOME OF THE ORDER THAT THOSE APPEALS WERE ALLOWED FOR STATI STICAL PURPOSES. IT MAY NOT BE OUT OF PLACE TO MENTION HERE THAT AN APP EAL OTHERWISE CANNOT BE DECIDED IN PART. 4. A QUESTION HAS CROPPED UP DURING THE COURSE OF H EARING THAT ALL THESE APPEALS NOW PENDING BEFORE US HAVE ISSUES ON MERITS WHICH ARE INTERCONNECTED ON FACTS WITH THE APPEALS OF THI S ASSESSEE ALREADY DECIDED, REFERRED (SUPRA). IT HAS ALSO BEEN INFOR MED BY LD.AR THAT SOME OF THE AYS NOW INVOLVED IN THESE APPEALS ARE F ALLING WITHIN THE BLOCK PERIOD OF THOSE APPEALS WHICH WERE DECIDE D BY THE TRIBUNAL. RATHER, LD.AR HAS INFORMED THAT THE ISS UE REGARDING THE ITA NOS.2173/A/07, 2174/A/07 2642/A/07 TO 2648/A/07 AND 2175/A/07, 2649 TO 2655/A/07 - 4 - PEAK CREDITS AND RELATED ENTRIES IN BANK ACCOUNT IN THE CASE OF SHRI DEVENEDRA G.CHATURVEDI ARE INTERLINKED WITH THE BL OCK PERIOD. SINCE THE QUANTUM ADDITIONS WHICH ARE NOW REQUIRED TO BE DECIDED IN THESE APPEALS ARE CLOSELY LINKED AND ASSOCIATED WITH THE SEARCH MATERIAL OF THE BLOCK PERIOD, HENCE CANNOT BE DECID ED INDEPENDENTLY. UNDER THE CIRCUMSTANCES, WE DEEM I T PROPER AND JUSTIFIABLE TO RESTORE THESE GROUNDS IN ALL THE YEA RS BACK TO THE FILE OF THE LD.CIT(A), IF POSSIBLE, TO BE DECIDED SIMULTANE OUSLY ALONG WITH THE BLOCK ASSESSMENTS. RESULTANTLY, ALL THE APPEAL S IN THE CASE OF SHRI DEVENDRANATH G.CHATURVEDI, BOTH BY REVENUE AS WELL AS BY ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE CASE OF SMT. ANITABEN DEVENDRANATH CHAT URVEDI, WE HAVE BEEN INFORMED THAT THE QUANTUM ADDITIONS ARE CONNEC TED WITH THE SEIZED MATERIAL OF HER HUSBAND SHRI DEVENDRANATH CH ATURVEDI CERTAIN BENAMI ACCOUNTS HAVE ALSO BEEN REFERRED IN THE IMPUGNED ASSESSMENT ORDERS WHICH ARE STATED TO CONNECTED WIT H THE CASE OF HER HUSBAND. OTHERWISE ALSO, LD.AR HAS STATED THAT THE ISSUE OF PEAK ARE INTER-CONNECTED. UNDER THESE CIRCUMSTANCES, WE ALS O DEEM IT PROPER AND JUSTIFIABLE TO RESTORE THESE GROUNDS, AS WELL, BACK TO THE STAGE OF LD.CIT(A), SO THAT ON MERITS CAN BE DECIDED ALONG W ITH THE APPEALS OF HER HUSBAND. ITA NOS.2173/A/07, 2174/A/07 2642/A/07 TO 2648/A/07 AND 2175/A/07, 2649 TO 2655/A/07 - 5 - 6. IN THE RESULT, SINCE THE MATTER HAS BEEN RESTORE D BACK TO THE FILE OF LD.CIT(A) IN THE LIGHT OF THE ABOVE DISCUSSION, HENCE MAY BE TREATED AS ALLOWED BUT FOR STATISTICAL PURPOSES BOT H BY REVENUE AS WELL AS BY ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 09/02/2012 SD/- S D/- ( . .!'#$ ) ( ) % ( A.K. GARODIA ) ( M UKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER /*..', .'../ T.C. NAIR, SR. PS . ) 01 2 1- . ) 01 2 1- . ) 01 2 1- . ) 01 2 1-/ COPY OF THE ORDER FORWARDED TO : 1. 34 / THE APPELLANT 2. 0534 / THE RESPONDENT. 3. 6 / CONCERNED CIT 4. 6() / THE CIT(A)-III, AHMEDABAD 5. 19! 0' , , / DR, ITAT, AHMEDABAD 6. !$ :( / GUARD FILE. .' .' .' .' / BY ORDER, 51 0 //TRUE COPY// ; ;; ;/ // / < < < < ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION.. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S 27.2.12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 27.2.12 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