Shri Vivekanand Mithleshkumar Sharma, Baroda V. The Dy.CIT.,Circle-1(1), Baroda

ITA 2280/AHD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 63194 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 09-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KUMAR
• Assessee Lawyers: M K PATEL
• Keywords: Unexplained cash credit; Additional evidence
• Section: 68

Judgement Text

, , , , A , IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, A BENCH . .. . . .. . , !' !' !' !', , , , #$ #$ #$ #$ # ## #. .. .% $% % $% % $% % $%, , , , &' ( &' ( &' ( &' ( & ' & ' & ' & ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER) ITA NO.2280/AHD/2012 [ASSTT. YEAR : 2009-2010] SHRI VIVEKANAND MITHLESHKUMAR SHARMA C/9, VRAJ DARSHAN SOCEITY-1 NR.HARIGANGA TENAMENTS BAPOD WAGHODIA ROAD VADODARA 390 019. PAN : ARPPS 4888 N /VS. THE DCIT, CIR.1(1) BARODA. ( (( (*+ *+ *+ *+ / APPELLANT) ( (( (,-*+ ,-*+ ,-*+ ,-*+ / RESPONDENT) ./ 0 1 &/ ASSESSEE BY : SHRI M.K. PATEL ( 0 1 &/ REVENUE BY : SHRI RAHUL KUMAR 3 0 /4'/ DATE OF HEARING : 6 TH DECEMBER, 2012 5%6 0 /4'/ DATE OF PRONOUNCEMENT : 14.12.2012 &7 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2009-2010 IS DIRECTED AGAIN ST THE ORDER OF THE CIT(A)-I, DATED 30.7.2012. 2. THE GROUNDS OF THE APPEAL OF THE ASSESSEE ARE AS UNDER: 1. THAT ON FACTS AND IN LAW, THE LD.CIT(A) HAS GRI EVOUSLY ERRED IN NOT ADMITTING THE ADDITIONAL EVIDENCE IN TERMS O F RULE 46A OF THE IT RULES. ITA NO.2280/AHD/2012 -2- 2. THAT ON FACTS AND IN LAW, AND IN THE INTEREST OF JUSTICE, THE LD.CIT(A) OUGHT TO HAVE ADMITTED THE ADDITIONAL EVI DENCE AND DECIDED THE CASE ON MERITS. 3. THAT ON FACTS AND IN LAW, THE LD.CIT(A) HAS GRIE VOUSLY ERRED IN CONFIRMING THE ADDITION OF RS.25,23,198/- MADE A S UNEXPLAINED CASH CREDIT U/S.68 OF THE ACT. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE ASSESSEE WAS NOT PROVIDED SUFFICIENT OPPORTUNITY OF HEARING BEFORE THE AO AND THEREFORE IT COULD NOT FILE NECESSARY EVIDENCES IN SUPPORT OF THE CASE OF THE ASSESSEE. HE SUBMITTED THAT THE ASSESSEE HAS S OUGHT TO FILE THE ADDITIONAL EVIDENCES BEFORE THE CIT(A) WHICH WAS NO T ADMITTED BY THE CIT(A) IN TERMS OF RULE 46A OF INCOME TAX RULES, 19 62. HE SUBMITTED THAT IN THE INTEREST OF JUSTICE, THE ADDITIONAL EVI DENCES MAY BE ADMITTED SO THAT THE CASE CAN BE DECIDED ON ITS MERIT WITH REGA RD TO THE ADDITION MADE UNDER SECTION 68 OF THE ACT. THE LEARNED DR HAS OP POSED THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE . HE SUBMITTED THAT SUFFICIENT OPPORTUNITY WAS PROVIDED BY THE REVENUE AUTHORITIES, AND THEREFORE THERE IS NO VIOLATION OF PROVISIONS OF RU LE 46A. HE HAS RELIED ON THE ORDERS OF THE AO AND THE CIT(A). 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT IN THE FACTS A ND CIRCUMSTANCES OF THE CASE, AS NARRATED BY THE LEARNED COUNSEL FOR TH E ASSESSEE, IT SHALL BE IN THE INTEREST OF JUSTICE TO PROVIDE ONE MORE OPPORTU NITY TO THE ASSESSEE TO EXPLAIN ITS CASE WITH REGARD TO THE ADDITION MADE U NDER SECTION 68 OF THE ACT AS UNEXPLAINED CASH CREDITS, AND ACCORDINGLY, W E SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW TO THE FILE OF THE AO WITH DIRECTION TO FRAME THE ASSESSMENT DE NOVO IN ACCORDANCE WITH LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESS EE SHALL AT LIBERTY TO FILE ITA NO.2280/AHD/2012 -3- EVIDENCES IN SUPPORT OF ITS CASE WITH REGARD TO ADD ITION MADE UNDER SECTION 68 OF THE ACT. WE DIRECT ACCORDINGLY. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( #.% $% /A.MOHAN ALANKAMONY) &' ( /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD