Shri Mangabhai Ramabhai Patel, Gandhinagar V. ITO, Ward-3, Gandhinagar

ITA 2261/AHD/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9978 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 16-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SONIA KUMAR
• Keywords: Unexplained cash credit; Set aside
• Section: 143(3); 142(1); 143(1); 143(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER ITA NO.2261/AHD/2018 (ASSESSMENT YEAR : 2015-16) SHRI MANGABHAI RAMABHAI PATEL, PLOT NO.169/1, KISANNAGAR, SECTOR 26, GANDHINAGAR 382 007. VS. ITO, WARD-3, GANDHINAGAR. [PAN NO. ASBPP 5459 M] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI PARIN SHAH, A.R. RESPONDENT BY : MS. SONIA KUMAR, SR. D.R. DATE OF HEARING 10/05/2019 DATE OF PRONOUNCEMENT 17/05/2019 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER DATED 28.09.2018 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)- GANDHINAGAR, AHMEDABAD UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED AS TO THE ACT) ARISING OUT OF THE ORDER DATED 18.12.2017 PASSED BY THE INCOME TAX OFFICER, WARD 3, GANDHIN AGAR FOR THE ASSESSMENT YEAR 2015-16. 2. THE APPELLANT, AN INDIVIDUAL CARRYING ON THE ACT IVITY OF MILK SUPPLY, FILED ITS RETURN OF INCOME ON 25.01.2017 DECLARING TOTAL INCOME AT RS.2,33,000/- ITA NO.2261/AHD/2018 SHRI MANGABHAI R. PATEL. VS.ITO ASST.YEAR 2015-16 - 2 - WHICH WAS PROCESSED U/S 143(1) OF THE ACT. UNDER SC RUTINY, NOTICE U/S 143(2) DATED 18.09.2017 WAS SERVED UPON THE ASSESSEE WHERE UPON THE ASSESSEE HAD GIVEN NEW ADDRESS TO THE LEARNED AO ON 05.10.2017 A ND ULTIMATELY NOTICE U/S 142(1) OF THE ACT ALONG WITH A QUESTIONNAIRE DATED 05.10.2017 WAS SERVED UPON THE ASSESSEE. DURING THE COURSE OF ASSESSMENT PROCEEDING, THE LEARNED AO FOUND THAT THE ASSESSEE MADE CASH DEPOSIT IN VAR IOUS BANK ACCOUNTS TOTALING TO RS.21,63,325/-. IN ABSENCE OF ANY PROOF OF SOURCE OF SUCH CASH DEPOSIT BY THE APPELLANT AS OBSERVED BY THE LEARNED AO ADDITION OF THE SAID AMOUNT OF RS.21,63,325/- HAS BEEN MADE TREATING THE SAME AS UNEXPLAINED CASH CREDIT. IN APPEAL, THE ASSESSEE FILED WRITTEN SUBMI SSIONS WHEREFROM IT APPEARS THAT THE ASSESSEE BY AND UNDER A LETTER DATED 30.11 .2017 THE COPY OF BANK ACCOUNT, COPY OF ITR AND COMPUTATION OF TOTAL INCOM E WAS FILED BEFORE THE LEARNED AO. IT WAS ALSO CONTENDED BY THE ASSESSEE T HAT ON 05.12.2017, THE ASSESSEE HAS DESIRED TO PROVIDE SALE BILLS OF AGRIC ULTURE LAND, LEDGER OF AGRICULTURE INCOME, DAY-WISE CASH REGISTER WITH DAI LY BALANCES, STATEMENT OF LAND RECORDS ETC. BUT THE SAME WAS NOT TAKEN ON REC ORD BY THE LEARNED AO AND ON 18.12.2017, THE ASSESSMENT WAS COMPLETED HASTILY BY THE LEARNED AO. HOWEVER, THE LEARNED CIT(A) FURTHER HAD NOT TAKEN I NTO CONSIDERATION DETAILS OF THOSE DOCUMENTS WHICH ARE AVAILABLE AT PAGE 20-1 26 OF THE PAPER BOOK DURING THE APPELLATE PROCEEDING AND CONFIRM THE ORD ER PASSED BY THE LEARNED AO. HENCE THE INSTANT APPEAL BEFORE US. 3. AT THE TIME OF HEARING OF THE INSTANT APPEAL, TH E LEARNED COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT SINCE THE DOCUMENTS PROVIDED BY THE ASSESSEE IN SUPPORT OF HIS CONTENTI ON HAS BEEN CONSIDERED IN ITS PROPER PROSPECTIVE BY THE AUTHORITIES BELOW IN SPIT E OF HAVING BEEN PROVIDED TO ITA NO.2261/AHD/2018 SHRI MANGABHAI R. PATEL. VS.ITO ASST.YEAR 2015-16 - 3 - THE LEARNED AO AND THE LEARNED CIT(A) THE ISSUE BE SENT TO THE LEARNED AO FOR FRESH CONSIDERATION. HOWEVER, THE LEARNED DR HA S NOT MADE ANY OBJECTION TO THE SAID CONTENTION MADE BY THE LEARNED AR. 4. HEARD THE LEARNED COUNSEL APPEARING FOR THE RESP ECTIVE PARTIES, PERUSED THE RELEVANT MATERIALS AVAILABLE ON RECORD. AFTER C AREFUL CONSIDERATION OF THE ENTIRE MATTER WE ARE OF THE CONSIDERED VIEW THAT IN ORDER TO PREVENT THE MISCARRIAGE OF JUSTICE, THE ISSUE IS REQUIRED TO BE SET ASIDE TO THE FILE OF THE LEARNED AO FOR FRESH ADJUDICATION OF THE SAME. IN T HAT VIEW OF THE MATTER, WE SET ASIDE THE ISSUE TO THE FILE OF THE LEARNED AO T O CONSIDER THE SAME AFRESH UPON AFFORDING OPPORTUNITY OF HEARING OF THE ASSESS EE AND UPON TAKING INTO CONSIDERATION THE RELEVANT EVIDENCE AVAILABLE ON RE CORD AND ALSO THE EVIDENCES WHICH THE ASSESSEE MAY CHOOSE TO FILE AT THE TIME O F HEARING OF THE INSTANT APPEAL. 5. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER PRONOUNCED IN OPEN COURT ON 17/05/2019 SD/- SD/- ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 17/05/2019 PRITI YADAV, SR.PS ITA NO.2261/AHD/2018 SHRI MANGABHAI R. PATEL. VS.ITO ASST.YEAR 2015-16 - 4 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A)-GANDHINAGAR, AHMEDABAD. 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD 1. DATE OF DICTATION 13.05.2019 (DICTATION PAGES 4) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 14.05.2019 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 15/05/2019 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER