Sanjay Bhairu Vaskar, Kolhapur V. Income-tax Officer, Ward - 1(1), Kolhapur

ITA 2866/PUN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2804 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 1997-1998
• Appeal Filed On: 05-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K VERMA
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NOS.2865 TO 2869 AND 2874/PUN/2017 / ASSESSMENT YEARS : 1996-97 TO 2001-02 SHRI SANJAY BHAIRU VASKAR, PLOT NO.27, KEDARNAGAR, MOREWADI, KOLHAPUR 416013 PAN : ACOPV9987D /APPELLANT VS. ITO, WARD-1(1), KOLHAPUR . /RESPONDENT . / ITA NOS.2875 TO 2880/PUN/2017 / ASSESSMENT YEARS : 1996-97 TO 2001-02 SHRI VILAS BHAIRU VASKAR, RAMCHANDRA APARTMENT, 14 TH LANE, RAJARAMPURI, KOLHAPUR 416 008 PAN : AAHPV7617C /APPELLANT VS. ITO, WARD-1(1), KOLHAPUR . /RESPONDENT ASSESSEE BY : SHRI M.K. KULKARNI REVENUE BY : SHRI M.K. VERMA / DATE OF HEARING : 05.11.2018 / DATE OF PRONOUNCEMENT: 06.11.2018 / ORDER PER R.S.SYAL, VP : THESE 12 APPEALS BY THE TWO DIFFERENT BUT RELATED ASSES SEES RELATE TO THE A.YRS. 1996-97 TO 2001-02. SINCE THESE AP PEALS ARE BASED ON SIMILAR FACTS AND IDENTICAL GROUNDS, I AM, THEREFOR E, PROCEEDING TO DISPOSE THEM OFF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. SANJAY BHAIRU VASKAR AND VILAS BHAIRU VASKAR 2 ITA NOS.2865 TO 2869 & 2874/PUN/2017 SHRI SANJAY BHAIRU VASKAR - A.YRS. 1996-97 TO 2001-02 : 2. BRIEFLY STATED, THE FACTS OF THE CASE FOR THE ASSESSMEN T YEAR 1996-97 ARE THAT INFORMATION WAS RECEIVED BY THE DEPART MENT FROM THE POLICE AUTHORITIES THAT THE ASSESSEE AND HIS BRO THER, THE OTHER ASSESSEE IN THIS BATCH OF APPEALS, EARNED HUGE MO NEY AND ACQUIRED SEVERAL PROPERTIES THEREFROM. THEY WERE FOUND T O BE INVOLVED IN ILLEGAL MONEY LENDING BUSINESS AND WERE CONVICTED BY THE DISTRICT COURT, PUNE. THE DEPARTMENT CONDUCTED ENQU IRIES ON THE BASIS OF SUCH INFORMATION WHICH TRANSPIRED THAT THE AS SESSEE AND HIS BROTHER HAD MADE INVESTMENTS IN CONSTRUCTION O F BUNGALOWS, MOTOR CAR AND MONEY LENDING BUSINESS FOR DIFFEREN T YEARS. THE ASSESSEE PLEADED DENIAL OF ANY SUCH INVOLVEMEN T IN MONEY LENDING BUSINESS. BRUSHING ASIDE SUCH A DENIAL, THE AO MADE AN ADDITION OF RS.1 LAKH TO THE TOTAL INCOME ON ACCOU NT OF MONEY LENDING BUSINESS FOR THE YEAR UNDER CONSIDERATION. BASED ON SIMILAR FACTS, THE AO MADE ADDITION AT THE RATE OF RS.1.00 LAC EACH IN THE OTHER YEARS INVOLVED IN THIS BATCH. THE LD. CIT(A) SUSTAINED SUCH ADDITIONS OF RS.1 LAKH EACH DESPITE THE AS SESSEES CONTENTION THAT THE HONBLE BOMBAY HIGH COURT HAS HAD STILL NOT YET DECIDED THE APPEAL OF THE ASSESSEE ON THE ISSUE OF C ARRYING ON MONEY LENDING ACTIVITY, AS CLAIMED BY THE REVENUE. THE ASSE SSEE IS AGGRIEVED BY THE CONFIRMATION OF SUCH ADDITIONS. 3. HAVING HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD, IT IS SEEN THAT SIMILAR ISSUE CA ME UP FOR CONSIDERATION BEFORE THE TRIBUNAL IN THE CASE OF THE O THER ASSESSEE, NAMELY, SH. VILAS B. WASKAR, FOR THE A.YRS. 1997-9 8 TO 2001-02. VIDE ITS ORDER DATED 30-11-2006, THE TRIBUNAL R ESTORED SANJAY BHAIRU VASKAR AND VILAS BHAIRU VASKAR 3 THE MATTER TO THE FILE OF LD. CIT(A) FOR DECIDING THIS ISSUE AFRESH AFTER PROVIDING AN OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THE TRIBUNAL FURTHER HELD THAT THE LD. FIRST APPELLATE AUTHORITY SHALL EXAMINE THE JUDGMENT OF HONBLE HIGH COURT HAVING BEARING ON MONEY LENDING BUSINESS WITHIN ONE MONTH FROM THE DATE OF SUCH JUDGMENT, A COPY OF WHICH WILL BE PROVIDED BY THE ASSESS EE AND THEN DECIDE THE ISSUE. THE LD. AR CONTENDED THAT THE JU DGMENT OF THE HONBLE BOMBAY HIGH COURT IS STILL AWAITED. THE LD. DR DID NOT CONTROVERT THIS SUBMISSION. BOTH THE SIDES FAIRLY AGRE ED THAT THE FACTS AND CIRCUMSTANCES OF THE INSTANT APPEALS ARE MUTATIS MUTANDIS SIMILAR TO THOSE CONSIDERED AND DECIDED BY THE TRIBUNAL IN THE AFORENOTED ORDER IN ITA NO.1556 TO 1561/PUN/2004 PASSED, WHEREIN THE MATTER HAS BEEN RESTORED TO THE FILE OF LD. CIT(A). IN VIEW OF THE FOREGOING DISCUSSION AND RESPECTFULL Y FOLLOWING THE PRECEDENT, I SET ASIDE THE IMPUGNED COMBINED ORDER AND REMIT THE MATTER TO THE FILE OF LD. CIT(A) FOR DECIDING T HIS ISSUE AFRESH IN CONSONANCE WITH THE DIRECTIONS GIVEN BY TH E TRIBUNAL IN THE AFORENOTED ORDER. 4. IN THE RESULT, ALL THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. ITA NOS.2875 TO 2880/PUN/2017 SHRI VILAS BHAIRU V ASKAR - A.YRS. 1996-97 TO 2001-02 : 5. BOTH THE SIDES ARE UNISON IN SUBMITTING THAT THE FA CTS AND CIRCUMSTANCES OF THESE APPEALS ARE MUTATIS MUTANDIS SIMILAR TO THOSE FILED BY SHRI SANJAY BHAIRU VASKAR FOR THE A.YRS. 1996-97 TO 2001-02, DEALT WITH HEREINABOVE. IN FACT, BOTH THE SIDES A DOPTED THE ARGUMENTS ADVANCED BY THEM IN THE COURSE OF APPEA LS FILED BY SANJAY BHAIRU VASKAR AND VILAS BHAIRU VASKAR 4 SHRI SANJAY BHAIRU VASKAR AND NO SEPARATE SUBMISSION WA S PUT FORTH. FOLLOWING THE VIEW TAKEN HEREIN ABOVE, I SET ASIDE TH E IMPUGNED ORDERS AND REMIT THE MATTER TO THE FILE OF LD.CIT (A) FOR DECIDING THIS ISSUE AFRESH IN CONSONANCE WITH THE DIRECTIONS GIVEN BY THE TRIBUNAL IN THE CASE OF THE ASSESSEE VIDE ITS ORD ER DATED 30-11-2006. 6. IN THE RESULT, ALL THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 06 TH NOVEMBER, 2018. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 06 TH NOVEMBER, 2018 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-1, KOLHAPUR 4. / THE PR. CIT-1, KOLHAPUR 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE *