Shri Mehulbhai Ishwarbhai Bhatt, Ahmedabad V. The Income tax Officer,Ward-9(4), Ahmedabad

ITA 2463/AHD/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1874 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 06-04-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 30-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G C DAXINI
• Assessee Lawyers: M K PATEL
• Keywords: Depreciation; Opportunity of being heard
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER & SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER) ITA. NO: 2463/AHD/2011 (ASSESSMENT YEAR: 2007-08) SHRI MEHULBHAI ISHWARBHAI BHATT 29, AMARJYOT SHOPPING CENTRE, OPPOSITE AHMEDABAD STEEL CRAFT, ODHAV,AHMEDABAD-382415 V/S INCOME TAX OFFICER, WARD- 9 (4), AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AJWPB7082J APPELLANT BY : SHRI M.K. PATEL, AR RESPONDENT BY : SHRI G.C. DAXINI, SR. D.R. ( )/ ORDER DATE OF HEARING : 06 -04-20 16 DATE OF PRONOUNCEMENT : 07 -04-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF LD. CIT(A)-XV, AHMEDABAD DATED 30.08.2011 PERTAINING TO A.Y. 2007-08. ITA NO. 2463 /AHD/2011 . A.Y. 2007-0 8 2 2. THE GRIEVANCE OF THE ASSESSEE READ AS UNDER:- 1. THAT ON FACTS AND IN LAW THE LD. CIT(A) HAS GRIEVOU SLY ERRED IN CONFIRMING THE ADDITION OF 10% OF EXPENSES OF TELEP HONE, CONVEYANCE, DEPRECIATION AND PETROL. 2. THAT ON FACTS AND IN LAW THE LD. CIT(A) HAS GRIEVOU SLY ERRED IN CONFIRMING THE ADDITION OF RS. 7,50,400/- MADE U/S. 68 OF THE ACT. 3. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSE E STATED THAT THE LOWER AUTHORITIES DID NOT GIVE AMPLE OPPORTUNITIES TO THE ASSESSEE TO SUBSTANTIATE ITS CLAIM OF EXPENDITURE AND EXPLAIN T HE CASH CREDIT AMOUNTING TO RS. 7,50,400/- 4. BEFORE US, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT IF GIVEN ONE MORE OPPORTUNITY, THE ASSESSEE WOULD FILE NECESSARY DOCUMENTARY EVIDENCES IN SUPPORT OF ITS CLAIM OF EXPENDITURE AN D JUSTIFY THE GENUINENESS OF THE CREDIT ENTRIES. 5. THE LD. D.R. STRONGLY RELIED UPON THE ORDER OF THE REVENUE AUTHORITIES STATING THAT THE ASSESSEE WAS GIVEN SUFFICIENT OPPO RTUNITIES TO JUSTIFY ITS CLAIM. 6. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE ORD ERS OF THE AUTHORITIES BELOW. IN OUR CONSIDERED OPINION, EVEN IF THE ASSESSEE WAS ALLOWED TO FILE FRESH EVIDENCES BEFORE US, THEN ALS O IT WOULD HAVE BEEN IN THE INTEREST OF JUSTICE AND FAIR PLAY TO RESTORE THE MATTER TO THE FILES OF THE A.O FOR VERIFICATION. THEREFORE, WE RESTORE THE ENTIRE ISSUES TO THE FILES OF THE A.O, THE ASSESSEE IS DIRECTED TO F ILE NECESSARY DOCUMENTARY EVIDENCES TO SUBSTANTIATE ITS CLAIM OF EXPENDITURE AND JUSTIFY THE GENUINENESS OF THE CREDIT ENTRIES IN TH E LIGHT OF THE ITA NO. 2463 /AHD/2011 . A.Y. 2007-0 8 3 PROVISIONS OF SECTION 68 OF THE ACT. THE A.O IS DIR ECTED TO VERIFY THE SAME AND DECIDE THE ISSUE AFRESH AFTER GIVING A REA SONABLE AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON 07- 04 - 201 6. SD/- SD/- (RAJPAL YADAV) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD