N. Suryanarayana, Panaji V. Dy.Comm. Of Income Tax,Cent . Circle, Panaji

ITA 218/PAN/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93582 (ITAT-PANAJI)
• Duration Of Justice: 1 year(s) 11 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 13-07-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 26-07-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI, HON'BLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NO. 218/PNJ/2013 : (A.Y 200 7 - 0 8 ) N. SURYANARAYANA C/O MILIND KULKARNI X - 14, 4 TH FLOOR, BLDG. A - 1, JAIRAM COMPLEX, NEUGI NAGAR, PANAJI, GOA. PAN : ABEPN0047K ( APPELLANT) VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, PANAJI (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : NONE DATE OF HEARING : 13 /07/2015 DATE OF PRONOUNCEMENT : 13 /07/2015 O R D E R PER GEORGE MATHAN : 1. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) - VI, BANGALORE IN ITA NO. 209/DCIT,CC,PANAJI/CIT(A) - VI/2011 - 2012 DT. 30.5.2013 FOR THE A.Y 2007 - 08. NONE RE PRESENTED ON BEHALF OF THE ASSESSEE AND NONE REPRESE NTED ON BEHALF OF THE REVENUE. THIS APPEAL WAS FILED ON 30.7.2013. THE APPEAL HAS BEEN POSTED ON VARIOUS DATES ON MORE THAN 20 OCCASIONS. 2. THE LD. SR. DR HAS FILED A LETTER DT. 9.6.2015 MENTIONING TH AT ALL THE RECORDS AND SEIZED MATERIAL IN RESPECT OF THE SAID APPEAL HAS BEEN TRANSFERRED TO 2 ITA NO. 218/PNJ/2013 (A.Y : 2007 - 08) THE ITO, WARD - 14(2), HYDERABAD DUE TO CHANGE IN THE JURISDICTION. AS THIS IS A SEARCH RELATED MATTER AND AS THE ADDITIONS ARE SUBSTANTIAL AND AS VARIOUS SEARCH DO CUMENTS ARE REQUIRED TO BE VERIFIED AND AS NEITHER THE REVENUE NOR THE ASSESSEE IS ASSISTING THE TRIBUNAL IN ASCERTAINING THE CORRECT FACTS, AS ALSO ON THE GROUND THAT THE DETAILS OF THE ADDITIONS REPRESENTING RS. 19.76 CRORES, ESPECIALLY WHEN THE SAID SEI ZED PAPER TALK S ABOUT AN AMOUNT OF RS. 24.75 CRORES , ARE NOT CLEARLY AVAILABLE, THE ISSUES IN THIS APPEAL ARE RESTORED TO THE FILE OF THE AO FOR RE - ADJUDICATION WITH THE DIRECTION THAT ALL THE FACTS SHALL CLEARLY BE BROUGHT OUT IN THE ASSESSMENT ORDER. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 13/07/2015. S D / - (N.S. SAINI) ACCOUNTANT MEMBER S D / - ( GEORGE MATHAN ) JUDICIAL MEMBER PLACE : PANAJI / GOA DATED : 1 3 /07/ 201 5 *SSL* COPY TO : (1) APPELLANT (2) RESPONDENT (3) CIT(A) CONCERNED (4) CIT CONCERNED (5) D.R (6) GUARD FILE TRUE COPY, BY ORDER , 3 ITA NO. 218/PNJ/2013 (A.Y : 2007 - 08) DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ORDER ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 13/07/2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 13/07/2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 1 4 /07/2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 1 4 /07/2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 1 4 /07/2015 SR.PS 6. DATE OF PRONOUNCEMENT 13/07/2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 1 4 /07/2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER