Sha Ebrahim, CHENNAI V. ITO Non Corporate Ward 11(4), CHENNAI

ITA 2260/CHNY/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6573 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 31-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HOMI RAJVANSH
• Keywords: Set aside

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , . !', $ '% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.2260/CHNY/2018 ' (' / ASSESSMENT YEAR : 2015-16 SRI SHA EBRAHIM, OLD NO.18, NEW NO.35, 3 RD FLOOR, CORAL MERCHANT STREET, MUTHAIALPET, CHENNAI - 600 001. PAN : AAMPS 6934 K V. THE INCOME TAX OFFICER, NON CORPORATE WARD - 11(4), CHENNAI. (*+/ APPELLANT) (,-*+/ RESPONDENT) *+ . / / APPELLANT BY : SHRI V.S. JAYAKUMAR, ADVOCATE ,-*+ . / / RESPONDENT BY : SHRI HOMI RAJVANSH, CIT 0 . 1$ / DATE OF HEARING : 08.04.2019 23( . 1$ / DATE OF PRONOUNCEMENT : 30.04.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -13, CHENN AI, DATED 25.05.2018 AND PERTAINS TO ASSESSMENT YEAR 2015-16. 2 I.T.A. NO.2260/CHNY/18 2. SHRI V.S. JAYAKUMAR, THE LD.COUNSEL FOR THE ASSE SSEE, SUBMITTED THAT THE ASSESSEE HAS RAISED FOLLOWING FO UR GROUNDS FOR CONSIDERATION:- (I) ADDITION OF 1 LAKH BEING RENTAL ADVANCE RECEIVED FROM SHRI M. KHADRI, ONE OF THE TENANTS OF THE ASSESSEE. (II) ADDITION OF 2 LAKHS IN RESPECT OF HAND LOAN RECEIVED FROM THREE AGRICULTURISTS. (III) ADDITION OF 80,000/- IN RESPECT OF THE LOAN TAKEN FROM THE ASSESSEES BROTHER-IN-LAW SHRI ANWAR DHEEN. (IV) ADDITION OF 2 LAKHS MADE IN RESPECT OF THE LOAN RECEIVED FROM SHRI VEL MURUGAN, SHRI MAMALAI VASAGAN AND SHR I MUTHU SELVAN. THE ASSESSEE FILED AFFIDAVIT TO SUPPORT THE ABOVE C LAIMS. THE LD.COUNSEL SUBMITTED THAT SINCE THE RELEVANT EVIDEN CE COULD NOT BE PRODUCED BEFORE THE ASSESSING OFFICER, THE MATTER M AY BE REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER FOR RECON SIDERATION. 3. WE HEARD SHRI HOMI RAJVANSH, THE LD. DEPARTMENTA L REPRESENTATIVE ALSO. THE LD. D.R. SUBMITTED THAT T HE ASSESSING OFFICER MAY BE ASKED TO RE-EXAMINE THE MATTER IN TH E LIGHT OF THE AFFIDAVIT FILED BY THE ASSESSEE. 4. HAVING HEARD THE LD.COUNSEL FOR THE ASSESSEE AND THE LD. D.R., THIS TRIBUNAL IS OF THE CONSIDERED OPINION TH AT THE ASSESSEE HAS FILED AN AFFIDAVIT BEFORE THE TRIBUNAL IN RESPE CT OF THE CLAIMS 3 I.T.A. NO.2260/CHNY/18 MADE BEFORE THE ASSESSING OFFICER AND THE CIT(APPEA LS). SINCE THE AFFIDAVIT IS FILED FIRST TIME BEFORE THIS TRIBUNAL, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE MATTER NEEDS TO BE RE-E XAMINED BY THE ASSESSING OFFICER. ACCORDINGLY, ORDERS OF BOTH THE AUTHORITIES BELOW ARE SET ASIDE AND THE ENTIRE ISSUE IS REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER SHALL RE- EXAMINE THE MATTER IN THE LIGHT OF THE AFFIDAVIT FILED BY THE A SSESSEE BEFORE THIS TRIBUNAL AND OTHER DOCUMENTS THAT MAY BE FILED BY T HE ASSESSEE BEFORE THE ASSESSING OFFICER AND THEREAFTER DECIDE THE ISSUE AFRESH IN ACCORDANCE WITH LAW, AFTER GIVING A REASONABLE O PPORTUNITY TO THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 30 TH APRIL, 2019 AT CHENNAI. SD/- SD/- (. !') ( . . . ) (S. JAYARAMAN) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 30 TH APRIL, 2019. 4 I.T.A. NO.2260/CHNY/18 KRI. . ,167 87(1 /COPY TO: 1. *+/ APPELLANT 2. ,-*+/ RESPONDENT 3. 0 91 () /CIT(A)-13, CHENNAI. 4. PRINCIPAL CIT-8, CHENNAI-34 5. 7: ,1 /DR 6. ;' < /GF.