Shri Satyendra Traders Pvt.Ltd., Ahmedabad V. The Income tax Officer,Ward-8(1), Ahmedabad

ITA 233/AHD/2012

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 8641 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 06-01-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 27-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROOP CHAND SR DR
• Assessee Lawyers: G C PIPARA
• Keywords: Additional evidence

Judgement Text

, , , , B, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, B BENCH . .. . . .. . , !' !' !' !', , , , #$ %&'( #$ %&'( #$ %&'( #$ %&'(, , , , )* + ) ' )* + ) ' )* + ) ' )* + ) ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER) ITA NO.233/AHD/2012 [ASSTT.YEAR : 2008-2009] SATYENDRA TRADERS P. LTD. 1/2 KABOOTAR KHANA, KHANPUR AHMEDABAD 380 001. PAN : AAICS 5703 P /VS. ITO, WARD-8(1) AMBAWADI, AHMEDABD. ( (( ( -. -. -. -. / APPELLANT) ( (( ( /0 /0 /0 /0 -. -.-. -. / RESPONDENT) 1& 2 3 ) / ASSESSEE BY : SHRI G.C.PIPARA + 2 3 ) / REVENUE BY : SHRI ROOPCHAND, SR.DR 5 2 &(* / DATE OF HEARING : 6 TH JANUARY, 2015 678 2 &(* / DATE OF PRONOUNCEMENT : 02-02-2015 )9 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL BY THE ASSESSEE FOR THE ASSTT.YEAR 2008-2009 IS DIRECTED AGAINST THE OR DER OF THE CIT(A). 2. THE MAIN GROUND OF APPEAL OF THE ASSESSEE IS GRO UND NO.1, WHICH IS REPRODUCED BELOW: 1. THE CIT(A) HAS ERRED IN LAW AS WELL ON FACTS IN REFUSING TO ADMIT THE ADDITIONAL EVIDENCES RELATING TO THE ADDI TION OF RS.1,82,00,000/- FOR SHARE CAPITAL FILED BEFORE HIM WITHOUT APPRECIATING THE FACT THAT THE APPELLANT WAS PREVEN TED BY ITA NO.233/AHD/2012 -2- SUFFICIENT CAUSE FROM PRODUCING THE SAME BEFORE THE AO. THE APPELLANT THUS REQUESTS YOUR HONOURS TO DIRECT THE AUTHORITIES BELOW TO ADMIT SUCH ADDITIONAL EVIDENCES. 3. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTS ET SUBMITTED THAT THE ISSUE IN THE GROUNDS OF THE APPEAL OF THE ASSESSEE HAVE TO BE RESTORED TO THE FILE OF THE AO FOR REASON THAT THE ASSESSEE COULD N OT SUBMIT COMPLETE DETAILS IN RESPECT OF SHAREHOLDERS AS REQUIRED BY T HE AO IN VIEW OF LACK OF TIME AVAILABLE, AS THE PERSON THROUGH WHOM, THE SAI D APPLICATIONS WERE RECEIVED WERE OUT OF STATION AND ALSO DUE TO SHIFTI NG OF REGISTERED OFFICE OF THE ASSESSEE-COMPANY FROM AHMEDABAD TO ANAND, AND T HAT THE REQUEST OF THE ASSESSEE FOR ADMISSION OF THIS EVIDENCE UNDER R ULE 46A OF THE I.T.RULES, 1962 WAS REJECTED BY THE CIT(A) WITHOUT ANY VALID REASONS. THE LEARNED DR HAS RELIED ON THE ORDERS OF THE AO A ND THE CIT(A). 4. WE HAVE CONSIDERED RIVAL SUBMISSION AND PERUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT THE ASSESSEE COULD NOT SUBMIT COMPLETE REQUIRED DETAILS IN REPECT OF SHAREHOLDERS, AS REQU IRED BY THE AO IN VIEW OF LACK OF TIME AVAILABLE WITH THE ASSESSEE FOR VARIOU S VALID REASONS DETAILED OUT BY THE ASSESSEE. APPLICATION OF THE ASSESSEE U NDER RULE 46A OF THE I.T.RULES, 1962 FOR ADMISSION OF THESE EVIDENCES WA S REJECTED BY THE CIT(A) FOR NO CONVINCING REASON. IN THESE FACTS, W E ARE OF THE VIEW THAT IT SHALL BE IN THE INTEREST OF JUSTICE TO RESTORE THE ISSUE IN THE GROUNDS OF THE APPEAL OF THE ASSESSEE TO THE FILE OF THE AO WITH D IRECTION TO EXAMINE THE EVIDENCES WHICH MAY BE FILED BY THE ASSESSEE IN SUP PORT OF ITS CASE WITH REGARD TO THE ADDITION OF RS.1.82 CRORES FOR SHARE CAPITAL AND DECIDE THE ISSUE IN ACCORDANCE WITH LAW AFTER PROVIDING REASON ABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. WE ALSO RESTORE OTHER ISS UES IN THE GROUNDS OF THE APPEAL OF THE ASSESSEE REGARDING DISALLOWANCE OF RS .8.46 LAKHS BEING BROKERAGE AND COMMISSION PAYMENT TO VARIOUS PERSONS AND DISALLOWANCE ITA NO.233/AHD/2012 -3- OF RS.1.75 LAKHS BEING REPAIR AND MAINTENANCE EXPEN SES, TO THE FILE OF THE AO FOR DETERMINATION IN ACCORDANCE WITH LAW AFTER A LLOWING REASONABLE OPPORTUNITY TO THE ASSESSEE. 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/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /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