Smt. Reema Shirin Jain, Mumbai V. The Income tax Officer,Vapi Ward-4, Daman

ITA 2821/AHD/2012

• Counselvise Citation: 282120514 RSA 2012
• Duration Of Justice: 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 23-09-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 13-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J P JHANGID
• Assessee Lawyers: M K PATEL
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEM BER SMT. REEMA SHIRIN JAIN 101, SHIVAM COMPLEX, VAPI DAMAN ROAD, KACHIGAM, NANI DAMAN- 396210 PAN: AESPJ7015G (APPELLANT) VS THE INCOME TAX OFFICER, VAPI WARD-4, DAMAN (RESPONDENT) SMT. MAMTA SHEETAL JAIN, 101, SHIVAM COMPLEX, VAPI DAMAN ROAD, KACHIGAM, NANI DAMAN- 396210 PAN: ADSPJ1806A (APPELLANT) VS THE INCOME TAX OFFICER, VAPI WARD-4, DAMAN (RESPONDENT) REVENUE BY: SRI J.P. JHANGID, SR.D.R. ASSESSEE BY: SRI M.K. PATEL, A.R. DATE OF HEARING : 23-09-2013 DATE OF PRONOUNCEMENT : 27-09-20 13 / ORDER ITA NO.2821/AHD/2012 ASSESSMENT YEAR 2005-06 ITA NO.2822/AHD/2012 ASSESSMENT YEAR 2005-06 I.T.A NOS.2821&2822/AHD/2012 A.Y. 2005-06 PAGE NO REEMA SHIRIN JAIN VS. ITO & MAMTA SHEETAL JAIN VS. ITO 2 PER : D.K. TYAGI, JUDICIAL MEMBER:- BOTH THESE APPEALS HAVE BEEN FILED BY THE ASSESSEE S AGAINST THE SEPARATE ORDERS PASSED BY LD. CIT(A)-I SURAT DATED 16-03-2009. 2. SINCE FACTS IN RESPECT OF BOTH THE APPEALS ARE S IMILAR, WE ARE DISPOSING OF THEM BY TAKING THE FACTS OF ITA NO. 2821/AHD/201 2. 3. THE ASSESSEE HAS TAKEN FOLLOWING GROUNDS OF APPE AL:- 1. ON APPRECIATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE AND LAW, THE LEARNED COMMISSIONER OF INCOME TAX (APPEAL S) HAS ERRED IN CONFIRMING THE ADDITION MADE BY THE LEARNED ASSESSI NG OFFICER TO THE TUNE OF RS. 10 , 34,20L /- OUT OF CAPITAL INTRODUCED DURING THE YEAR . THE ACTION OF THE COMMISSIONER OF INCOME TAX (APPEALS) IS CONTRARY TO THE FACTS OF THE CASE AND HENCE DESERVES TO BE DELETED. 2. ON APPRECIATION OF THE FACTS AND CIRCUMSTANCES O F THE CASE AND LAW, THE LEARN COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN CONFIRMING THE ADDITION MADE BY THE LEARNED ASSESSI NG OFFICER TO THE TUNE OF RS. 2,00,000/- OUT OF LOAN GIVEN TO OTHERS. THE ACTION OF THE COMMISSIONER OF INCOME TAX (APPEALS) IS CONTRARY TO THE FACTS OF THE CASE AND HENCE DESERVES TO BE DELETED. 4. AT THE TIME OF HEARING LEARNED COUNSEL OF THE AS SESSEE AT THE OUTSET SUBMITTED THAT DURING THE ASSESSMENT PROCEEDINGS CE RTAIN QUERIES WERE RAISED BY THE AO AND TO MEET THEM ASSESSEE WANTED SOME MOR E TIME WHICH WAS NOT GRANTED BY THE AO AND THEREFORE THE ADDITIONS WERE MADE WHICH WERE CONFIRMED BY LD. CIT(A), HE THEREFORE REQUESTED THA T ASSESSEE BE GIVEN ONE MORE OPPORTUNITY TO MEET THE QUERIES OF THE ASSESSI NG OFFICER AND FOR THIS PURPOSE, THE MATTER MAY KINDLY BE RESTORED BACK TO THE FILE OF AO. LD. DR ON THE OTHER HAND RELIED ON THE ORDERS OF LOWER AUT HORITIES. I.T.A NOS.2821&2822/AHD/2012 A.Y. 2005-06 PAGE NO REEMA SHIRIN JAIN VS. ITO & MAMTA SHEETAL JAIN VS. ITO 3 5. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RECORD, WE ARE INCLINED TO ACCEPT THE REQUEST OF THE LEARNED COUNSEL OF THE ASSESSEE THAT ASSESSEE BE GIVEN ONE MORE OPPORTUNITY TO MEET THE QUERIES RAIS ED BY AO DURING THE ASSESSMENT PROCEEDINGS AND FOR THIS PURPOSE, THE MA TTER IS RESTORED BACK TO HIS FILE FOR FRESH ADJUDICATION AFTER PROVIDING ADE QUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. ASSESSEE IS ALSO DIRECTED T O CO-OPERATE WITH THE ASSESSMENT PROCEEDINGS OTHERWISE ADVERSE VIEW WILL BE TAKEN IN THE SECOND INNING. 6. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASS ESSEES ARE ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (T.R. MEENA) ( D.K. TYAGI) ACCOUNTANT MEMBER J UDICIAL MEMBER AHMEDABAD : DATED 27/09/2013 AK / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,