Pradeepkumar N. Vasudewani, Rajkot V. Income Tax Officer, Ward-2(1)(5), Rajkot

ITA 243/RJT/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6495 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 9 month(s) 3 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 04-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 31-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reopening of assessment; Set aside
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT, BENCH BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMEBR& SHRI WASEEJM AHMED, ACCOUNTANT MEMBER ./ I.T.A. NO.243/RJT/2017 ( ASSESSMENT YEAR : 2008-09) SHRI PRADEEPKUMAR N. VASDEWANI PREETAM, 8-A, DENA BANK SOCIETY, KALAWAD ROAD, RAJKOT- 360001 PAN NO. ACB PV3 574 H / VS. ITO WARD-2(1)(5), RAJKOT. ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : VIMAL DESAI, A.R. / RESPONDENTBY : PRAVEEN VERMA, SR. DR DATE OF HEARING 27/02/2019 / DATE OF PRONOUNCEMENT 06/03/2019 / O R D E R PER MAHAVIR PRASAD- JM: THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAI NST THE ORDER OF THE LD. CIT(A)-02/0296/2015-16 DATED 21/02 /2017 ARISING FROM ASSESSMENT ORDER DATED 30/11/2015 AND FOLLOWING GROUNDS HAVE BEEN TAKEN:- THE GROUNDS OF APPEAL MENTIONED HEREIN BELOW ARE W ITHOUT PREJUDICE TO ONE ANOTHER. 1. THE REASSESSMENT ORDER U/S. 144 R.W.S. 147 IS BAD I N LAW. 2. THE REOPENING OF ASSESSMENT IS BAD IN LAW. 3. THE LD. ASSESSING OFFICER HAS ERRED IN LAW AS WELL AS ON FACTS IN MAKING ADDITION OF RS. 10,75,000/- ON ACCOUNT OF ALLEGED ON MONEY PAID ON PURCHASE OF RESIDENTIAL UNIT. THE LD. CIT(A) HAS E RRED IN NOT CONDONING THE DELAY AND ADMITTING THE APPEAL OF THE APPELLANT. 2. AT THE TIME OF HEARING LD. AR REQUESTED THAT ASS ESSEE COULD NOT APPEAR BEFORE THE LD. AO AND THEREAFTER I N APPEAL ITA NO. 243/RJT/2017, ASST.YEAR 2008-09 - 2 - ALSOBEFORE THE LD. CIT(A) ASSESSEE COULD NOT APPEAR AND REQUESTED THIS CASE MAY KINDLY BE SET ASIDE TO THE FILE OF THE CIT(A) FOR DECIDING THE MATTER AFRESH. WE ACCEDE T HE REQUEST OF THE LD. AR SUBJECT TO THE CONDITION THAT ASSESSEE W ILL PAY A FINE OF RS. 10,000/- TO THE INCOME TAX DEPARTMENT WITHIN THREE MONTHS FROM THE RECEIPT OF THIS ORDER. THE CIT WIL L HEAR THE APPEAL ONLY AFTER THE PRODUCTION OF RECEIPT OF RS. 10,000/- PAID BY THE ASSESSEE IN FAVOUR OF THE DEPARTMENT. THUS, APPEAL IS SET ASIDE TO THE FILE OF THE CIT(A) FOR A FRESH DISPOSA L AS PER PROVISIONS OF LAW IN TERMS AND CONDITION STATED ABO VE. 3. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS ALLO WED FOR STATISTICAL PURPOSE. THIS ORDER PRONOUNCED IN OPEN COURT ON 06/03/2 019 SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 06/03/2019 TANMAY TRUE COPY / COPY OF THE ORDER FORWARDED TO : 1 / THE APPELLANT 2 / THE RESPONDENT. 3 #$% & / CONCERNED CIT 4 &'( / THE CIT(A)-5, AHMEDABAD 5 )*+ ,,$%- $% - ./# / DR, ITAT, AHMEDABAD 6 +01 2 / GUARD FILE . / BY ORDER, ( DY./ASSTT.REGISTRAR) $%& / ITAT, RAJKOT