RAMLAH IDRIS GHADIALY, MUMBAI V. ITO 16(3)(2), MUMBAI

ITA 2926/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3335 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2016
• Appeal Filed By: Assessee
• Bench Allotted: D
• Next Hearing Date: 12-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 29-04-2014
• Court: TRIBUNAL
• Department Lawyers: KEYURI DESAI
• Keywords: Opportunity of being heard; Principle of natural justice; Peak credit

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI C.N.PRASAD , JM ./ ITA NO. 2926 / MUM/201 4 ( / ASSESSMENT YEAR : 2009 - 2010 ) RAMLAH IDRI S GHADIALY, 20/24, PAVWALA LANE, FLAT NO.3A, ASGAR MANZIL, MUMBAI - 400004 VS. ITO - 16(3)(2), MUMBAI ./ ./ PAN/GIR NO. : A BWPC 4710 G ( / APPELLANT ) .. ( / RESPONDENT ) /REVENUE BY : SHRI KEYURI DE SAI /AS SESSEE BY : SHRI SATYAPAL KUMAR / DATE OF HEARING : 30 /0 8 /2016 / DATE OF PRONOUNCEMENT 30/08 /201 6 / O R D E R PER R.C.SHARMA (A.M) : TH IS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A), MUMBAI, FOR THE ASSESSMENT YEAR 2009 - 2010 . 2. IN THIS APPEAL, THE ASSESSEE IS AGGRIEVED FOR ADDITION OF RS.18,15,800/ - IN RESPECT OF CREDIT IN THE BANK ACCOUNT WITH BOMBAY MERCANTILE COOPERATIVE BANK LTD. U/S.68 OF I.T.ACT. 3 . AT THE OUTSET, LD. AR PLACED ON RECORD ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE IMMEDIATELY PRECEDING ASSESSMENT YEAR 2008 - 09, WHEREIN EXACTLY SIMILAR ISSUE WAS CONSIDERED BY THE TRIBUNAL VIDE ORDER DATED 14 - 1 - 2016 AND THE MATTER WAS RESTORED BACK TO THE FILE OF AO FOR DECIDING AFRESH AFTER DUE OPPORTUNITY OF HEARING TO THE ASSESSEE. PRECISE OBSERVATION OF THE TRIBUNAL WAS AS UNDER : - ITA NO. 2926/14 2 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE ORDERS OF THE REVENUE AUTHORITIES AS WELL AS THE RELEVANT MATERIAL PLACED BEFORE US. AFTER HEARING BOTH THE PARTIES AND CONSIDERING THE ABOVE SUBMISSIONS OF THE LD COUNSEL FOR THE ASSESSEE, WE FIND IT RELEV ANT TO REMAND THIS ISSUE TO THE FILE OF THE AO ON THE GROUND OF NATURAL JUSTICE. WE HAVE ALSO NOTICED THAT ASSESSEE MADE SUBMISSIONS TO THE AUTHORITIES BELOW FOR CONSIDERING THE PEAK CREDIT ADDITIONS. BUT, WITHOUT ASSIGNING ANY REASONS OR WITHOUT PASSI NG ANY SPEAKING ORDER, CIT (A) CONFIRMED THE ADDITIONS, WHICH IN OUR OPINION IS UNSUSTAINABLE IN LAW. THEREFORE, WE ORDER THE ASSESSING OFFICER TO EXAMINE THE ISSUE AFRESH AFTER ATTENDING TO ALL THE SUBMISSIONS OF THE ASSESSEE INCLUDING THE REQUIREMENT OF CONSIDERING THE ATTENDANCE OF THE BROTHER OF THE ASSESSEE AND ALSO ATTENDING TO THE APPROVED MANNER OF ADDING PEAK CREDITS ONLY IN MATTERS WHERE THE ASSESSEE DISCHARGED HIS OWN AND IN MATTERS OF END UTILIZATION OF THE CASH WITHDRAWALS FROM THE BANK ACCOU NT. AO SHALL GRANT A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AS PER THE SET PRINCIPLES OF NATURAL JUSTICE. ACCORDINGLY, THE GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. AS THE FACTS AND CIRCUMSTANCES DURING THE YE AR UNDER CONSIDERATION ARE EXACTLY SAME, RESPECTFULLY FOLLOWING THE ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE, APPEAL IS RESTORED BACK TO THE FILE OF AO FOR DECIDING AFRESH IN TERMS OF THE DIRECTION GIVEN BY THE TRIBUNAL IN ITS ORDER DATED 14 - 1 - 2016. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. O RDER PRONOUNCED IN THE OPEN COURT ON THIS 30/08 / 201 6 . SD/ - SD/ - C.N.PRASAD R.C.SHARMA / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 30/08 /201 6 . . /PKM , . / PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI ITA NO. 2926/14 3 / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY//