The ITO 2 (1), V. M/s Prince Palace,

ITA 234/IND/2008

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 2416 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2009
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 18-12-2009
• Assessment Year: misc
• Appeal Filed On: 28-05-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: APARNA KARAN
• Assessee Lawyers: S K AGARWAL
• Keywords: Additional evidence; Assessment record

Judgement Text

PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH : INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI V.K. GUPTA, ACCOUNTANT MEMBER PAN NO. : AAEFH0920J I.T.A.NO.234/IND/2008 A.Y. : 2004-05 INCOME-TAX OFFICER, M/S. PRINCE PALACE, 2(1), VS NEAR NANAKHERA BUS STAND, UJJAIN UJJAIN APPELLANT RESPONDENT APPELLANT BY : SMT. APARNA KARAN, SR. DR RESPONDENT BY : SHRI S.K.AGARWAL, C. A. DATE OF HEARING : 18/12/2009 O R D E R PER V.K. GUPTA, A.M. THIS APPEAL FILED BY THE REVENUE ARISES OUT OF ORDE R OF THE LD. CIT(A), UJJAIN DATED 31.3.2008, FOR THE ASSESSMENT YEAR 2004-05. 2. WE HAVE HEARD BOTH THE PARTIES AND HAVE ALSO PERUSE D THE MATERIAL AVAILABLE ON RECORD. 3. IN THIS APPEAL, THE REVENUE VIDE GROUND NO.3 HAS CH ALLENGED THE ORDER OF THE LD. CIT(A) ON THE GROUND THAT THE LD. CIT(A) ACCEPTED ADDITIONAL EVIDENCE REGARDING SUNDRY CREDITORS OF R S. 10,22,882/- WITHOUT AFFORDING OPPORTUNITY TO THE A.O. IN GROUND NOS. 1 & 2, THE REVENUE HAS PAGE 2 OF 3 ALSO STATED THAT BOOKS OF ACCOUNT AND BALANCE SHEET WERE NOT PRODUCED BEFORE THE A.O. IN ADDITION TO IT, THE REVENUE HAS ALSO CHALLENGED THE DECISION OF LD. CIT(A) ON MERITS. 4. THE FACTS, IN BRIEF, ARE THAT THE ASSESSEE CONSTRUC TED SAME BUILDING, WHEREIN HE CLAIMED TO HAVE MADE INVESTMEN T THROUGH PARTNERS, LOAN FROM THE BANK, LOAN FROM ONE SHRI TULSIRAM DHA NWANI AND SUNDRY CREDITORS AGAINST MATERIALS PURCHASED. THE A.O. MAD E AN ADDITION OF RS. 9,28,870/- AS THERE WERE SOME SHORT FALL IN THE FUN DS AVAILABLE AND THE QUANTUM OF INVESTMENT. AS PER THE A.O., THE ASSESSE E DID NOT PRODUCE BILLS AND VOUCHERS/DETAILS OF SUNDRY CREDITORS ALON GWITH CONFIRMATORY LETTERS OF SUCH CREDITORS. AGGRIEVED BY THIS, THE A SSESSEE CARRIED THE MATTER INTO APPEAL BEFORE THE LD. CIT(A), WHO DELETED THE ADDITION MADE BY THE ASSESSING OFFICER BY HOLDING THAT FROM THE BALANCE SHEET, LEDGER ACCOUNT AND LIST OF SUNDRY CREDITORS, WHICH WERE ALSO FILED BEFORE THE A.O. AS EVIDENT FROM ASSESSMENT RECORDS, THE INVESTMENT STO OD EXPLAINED. AGGRIEVED BY THIS, THE REVENUE IS IN APPEAL BEFORE US. 5. THE LD. DR NARRATED THE FACTS AND PLACED RELIANCE O N THE ORDER OF THE AO. FURTHER CONTENDED THAT THE MATTER WAS REQUI RED TO BE RESTORED TO THE FILE OF A.O. AS IT WAS INCUMBENT UPON THE LD. C IT(A) TO GRANT OPPORTUNITY OF HEARING OR TO CALL A REMAND REPORT F ROM A.O., WHICH WAS NOT DONE. THE LD. COUNSEL FOR THE ASSESSEE, ON THE OTHER HAND, PLACED PAGE 3 OF 3 STRONG RELIANCE ON THE ORDER OF THE LD. CIT(A). THE LEARNED COUNSEL ALSO ADMITTED THAT CERTAIN ADDITIONAL EVIDENCES ARE FILE D BEFORE THE LD. CIT(A). IN THESE CIRCUMSTANCES, WE RESTORE THIS ISSUE TO TH E FILE OF A.O. TO DECIDE THE SAME AFRESH AS PER LAW AFTER AFFORDING AN ADEQU ATE OPPORTUNITY OF HEARING TO THE ASSESSEE, WHO SHALL BE AT LIBERTY TO FURNISH EVIDENCE IN SUPPORT OF ITS CLAIM. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STA NDS ALLOWED FOR STATISTICAL PURPOSES THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 18 TH DECEMBER, 2009. SD/- SD/- (JOGINDER SINGH) (V. K. GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 18 TH DECEMBER, 2009. CPU* 182112