Shri. Bramhanand B. Karanjekar, Nagpur V. The Income Tax Officer,Ward-5(4), Nagpur

ITA 24/NAG/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9614 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 04-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMESH DAWANT E
• Assessee Lawyers: SANJAY C THAKUR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI P. K. BANSAL, HONBLE ACCOUNTANT MEMBER AND SHRI D. T. GARASIA, HONBLE JUDICIAL MEMBER I.T.A. NO . 24 / NAG /1 1 ASSESSMENT YEAR: 200 5 - 200 6 SHRI BRAMHANAND B. KARANJEKAR, VS. INCOME TAX OFFICER, PLOT NO. 10, CORPORATION COLONY, WARD - 5(4), NORTH AMBHAJARI ROAD, NAGPUR. GANDHI NAGAR, NAGPUR. PAN:ACKPK2043H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SANJAY C. THAKUR, A DVOCATE RESPONDENT BY : SHRI RAMESH DAWANT E, SR. D. R. DATE OF HEARING :18/10/2012 DATE OF PRONOUNCEMENT : 23/11/2012 ORDER PER P. K. BANSAL: THE ONLY ISSUE INVOLVED IN THIS APPEAL FILED BY THE ASSESSEE RELATES TO THE ADDITION OF RS.3,08,900/ - U/S 69A OF THE I.T. ACT. 2. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSING OFFICER NOTED THAT THE ASSESSEE HAS SHOWN THE CREDIT AMOUNTING TO RS.3,08,900/ - BEING RECEIVED FROM VARIOUS PARTIES IN ITS BANK ACCOUNT. IN THE ABSENCE OF ANY PROOF THE ASSESSING OFFICER MADE THE ADDITION U/S 69A O F THE I.T. ACT. 3. WHEN THE MATTER WENT BEFORE THE CIT(A), THE CIT(A) CONFIRMED THE ACTION OF THE ASSESSING OFFICER. MICROSOFT 2 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY CONSIDERED THE SAME. UNDER SECTION 69A OF THE ACT, THE ONUS IS ON THE ASSESSEE TO SATISFY THE IDENTITY OF THE CREDITORS, CAPACITY OF THE CREDITORS AND THE GENUINENESS OF THE CREDITORS. THE LA A. R. BEFORE US BY REFERRING TO GROUND NO. 2, CONTENDED THAT HE WAS NOT GIVEN OPPORTUNITY BY THE ASSESSING OFFICER TO FILE THE CONFIRMATION LE TTERS FROM THE LENDERS NOR EXAMINED THE LENDERS AND, THEREFORE, VEHEMENTLY CONTENDED THAT THE MATTER BE SET ASIDE TO THE FILE OF THE ASSESSING OFFICER. WE, THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY IN THE MATTER, SET ASIDE THE ORDER OF CIT(A) AN D RESTORE THE ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION THAT THE ASSESSING OFFICER SHALL DECIDE THIS ISSUE IN ACCORDANCE WITH LAW AFTER GIVING PROPER AND SUFFICIENT OPPORTUNITY TO THE ASSESSEE TO PROVE THE GENUINENESS OF THE LOAN TO THE SATISFACTION OF THE ASSESSING OFFICER. THUS, THIS GROUND IS ALLOWED FOR STATISTICAL PURPOSES . 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ( O RDER PRONOUNCED IN THE OPEN COURT ON 23/11/2012 ) SD/. SD/. ( D. T. GARASIA ) ( P. K. BANSAL ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 23/11/2012 * CL SINGH COPY FORWARDED TO THE: 1. APPELLANT. 2. RESPONDENT. 3. CIT (A) 4. CIT 5. DR. ASSISTANT REGISTRAR