Purvi K.Oza, Surat V. The Income tax Officer,Ward-8(2), Surat

ITA 2398/AHD/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 6210 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 18-07-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 12-08-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMIR TEKRIWAL SRDR
• Assessee Lawyers: MEHUL K PATEL
• Keywords: Salary income; Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD B BENCH BEFORE SHRI G.D. AGARWAL, HONBLE VICE-PRESIDENT (AZ) AND SHRI D.K. TYAGI, HONBLE JUDICIAL MEMBER ITA NO.2398 & 2435/AHD/2009 ASSESSMENT YEAR:2006-07 DATE OF HEARING: 18.7.11 DRAFTED; 18.7.11 PURVI K OZA 196 AHURA NAGAR, ADAJAN ROAD, SURAT PAN NO.AACP03126H INCOME TAX OFFICER, WARD-8(2), ROOM NO.416, AAYAKAR BHAVAN, MAJURA GATE, SURAT V/S . V/S . INCOME TAX OFFICER, WARD-8(2), ROOM NO.416, AAYAKAR BHAVAN, MAJURA GATE, SURAT KUM. PURVI K OZA 196, AHURA NAGAR, ADAJAN ROAD, SURAT (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI MEHUL K PATEL, AR REVENUE BY:- SHRI SAMIR TEKRIWAL, SR-DR O R D E R PER D.K. TYAGI, JUDICIAL MEMBER:- THESE ARE CROSS-APPEALS FILED BY ASSESSEE AND REVE NUE AGAINST THE ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-V, SU RAT FOR ASSESSMENT YEAR 2006-07. 2. THE FIRST GROUND IN BOTH THE APPEALS RELATES TO ADDITION OF RS.37,70,065/- MADE BY ASSESSING OFFICER ON THE GROUND OF UNEXPLAI NED DEPOSITS IN THE ASSESSEES BANK ACCOUNTS. ITA NO.2398 &2435/AHD/2009 A.Y. 2006-07 PURVI K OZA V. ITO WD-8(2) SRT PAGE 2 3. THE BRIEF FACTS OF THE CASE ARE THAT ASSESSEE DU RING THE YEAR HAS SHOWN INCOME FROM SALARY, INTEREST AND BUSINESS. THE ASSE SSEE IS ENGAGED IN THE BUSINESS OF RETAIL TRADE IN ART SILK CLOTH. ON AN E XAMINATION OF THE ASSESSEES BANK ACCOUNT NO.0502 WITH THE SURAT PEOPLES CO-OP BANK LTD. THE ASSESSING OFFICER FOUND THAT THERE WERE SEVERAL CAS H DEPOSITS WHICH HAVE BEEN MENTIONED IN PAGES 3-4 OF THE ASSESSMENT ORDER . THE SECOND BANK ACCOUNT WAS SB/1000335 WITH THE SURAT NATIONAL CO-O P BANK. THE DEPOSITS IN THE BANK TOTAL RS.37,70,065/-. WHEN ASKED TO EXPLAI N THE SOURCE OF THESE DEPOSITS, THE ASSESSEES CONTENTION WAS THAT DEPOSI TS WERE MADE FROM OUT OF AVAILABLE CASH BALANCE WHICH HAD BEEN GENERATED FRO M HER BUSINESS OF TRADING IN ART SILK CLOTH. IT WAS CLAIMED THAT ALL THE DEPOSITS WERE ACCOUNTED FOR AND THE RELEVANT BOOKS AS ALSO THE DETAILS WOULD BE FURNISHED ON THE NEXT DAY OF HEARING. HOWEVER, THE ASSESSEE FAILED TO APPEAR ON THE APPOINTED DATE AND ALSO TO FURNISH EITHER ANY DETAIL OR EVIDENCE. THE ASSESSING OFFICER THEREFORE TREATED THE SUM OF RS.32,66,706/- + RS.5,03,359/- = RS.37,70,765/- AS THE ASSESSEES UNDISCLOSED INCOME AND ADDED THE SAME TO THE ASSESSEES TOTAL INCOME. 4. IN APPEAL LD. CIT(APPEALS) APPLIED THE PEAK CRED IT THEORY AND RESTRICTED THIS ADDITION TO RS.9,67,240/-. AGGRIEVED THE ASSES SEE HAS FIELD THE APPEAL AGAINST THE SUSTAINED ADDITION OF RS.9,67,240/- WHI LE THE REVENUE IS IN APPEAL AGAINST THE RELIEF GIVEN BY THE LD. CIT(APPEALS) TO THE EXTENT OF RS.28,02,825/- . 5. AT THE TIME OF HEARING, AT THE OUTSET LEARNED CO UNSEL FOR THE ASSESSEE SUBMITTED THAT DURING THE ASSESSMENT PROCEEDINGS AS SESSEE WAS NOT GIVEN ADEQUATE OPPORTUNITY TO SHOW THAT ALL THE DEPOSITS IN THE BANK WERE DULY ACCOUNTED FOR IN HER BOOKS OF ACCOUNT AND THEREFORE PRAYED THAT IF ONE MORE OPPORTUNITY IS GIVEN TO THE ASSESSEE, SHE WILL EXPL AIN THESE DEPOSITS BY FURNISHING ALL THE RELEVANT DETAILS ALONG WITH BOOK S OF ACCOUNT. LD. DR DID NOT SERIOUSLY OBJECT TO THIS PRAYER OF THE LEARNED COUN SEL FOR THE ASSESSEE. THEREFORE THE ORDERS PASSED BY THE LOWER AUTHORITIE S IN THIS CASE ARE HEREBY ITA NO.2398 &2435/AHD/2009 A.Y. 2006-07 PURVI K OZA V. ITO WD-8(2) SRT PAGE 3 SET ASIDE AND ASSESSING OFFICER IS DIRECTED TO DO D E NOVO ASSESSMENT AFTER GIVING PROPER OPPORTUNITY OF BEING HEARD TO THE ASS ESSEE. THE ASSESSEE IS ALSO DIRECTED TO CO-OPERATE WITH THE DE NOVO ASSESS MENT PROCEEDINGS. 6. IN VIEW OF OUR DECISION IN GROUND NO.1 GROUND NO .2 DOES NOT REQUIRE ANY ADJUDICATION. 7. IN THE RESULT, CROSS-APPEALS FILED BY ASSESSEE AND REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS DAY OF 18 TH JULY, 2011 SD/- SD/- ( G.D.AGARWAL ) ( D.K. TYAGI ) (VICE PRESIDENT) (JUDICIAL MEMBER) AHMEDABAD, DATED : 18/07/2011 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)-V, SURAT 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD