Mohd. Azam Khan, Faizabad V. Income Tax Officer-1, Faizabad

ITA 305/LKW/2014

• Counselvise Citation: 30523714 RSA 2014
• Duration Of Justice: 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 23-03-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 21-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PUNIT KUMAR
• Keywords: Unexplained cash credit; Gift; Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI. A. K. GARODIA, ACCOUNTANT MEMBER ITA NO. 305/LKW/2014 ASSESSMENT YEAR: 2009 - 10 MOHD. AZAM KHAN 11/3/71, CIVIL LINES FAIZABAD V. INCOME TAX OFFICER - I FAIZABAD T AN /PAN : ADAPK7488B (APP ELL ANT) (RESPONDENT) APP ELL ANT BY: SHRI. ABHINAV MEHROTRA, ADVOCATE RESPONDENT BY: SHRI. PUNIT KUMAR, D.R. DATE OF HEARING: 24 03 201 5 DATE OF PRONOUNCEMENT: 26 0 3 2015 O R D E R PER SUNIL KUMAR YADAV: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST T HE ORDER OF THE LD. CIT(A) CONFIRMING THE ADDITION OF RS.18 LAKHS A S UNEXPLAINED CASH CREDIT WITHOUT CONSIDERING THE CORRECT FACTS AND CIRCUMSTA NCES OF THE CASE. 2. DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR T HE ASSESSEE HAS SUBMITTED THAT THE ASSESSING OFFICER HAS MADE THE A DDITION ON ACCOUNT OF UNEXPLAINED CASH CREDIT HAVING NOTED THAT THE ASSES SEE HAS DEPOSITED AN AMOUNT OF RS.18 LAKHS IN HIS BANK ACCOUNT. BEFORE THE ASSESSING OFFICER, THE ASSESSEE SOUGHT TIME TO FILE THE RELEVANT EVIDE NCE, BUT SUFFICIENT TIME WAS NOT GIVEN TO THE ASSESSEE. 3. DURING THE COURSE OF HEARING BEFORE THE LD. CIT(A), THE ASSESSEE HAS PLACED THE RELEVANT EVIDENCE WITH A REQUEST TO ADMI T THE SAME AND TO ADJUDICATE THE APPEAL ON MERIT, BUT THE LD. CIT(A) DID NOT ADMIT THE ADDITIONAL EVIDENCE IN THE FORM OF GIFT DEED, AFFID AVIT, ETC. AND CONFIRMED THE ADDITION. :-2-: 4. NOW THE ASSESSEE IS BEFORE US AND FILED EVIDENCE IN THE FORM OF GIFT DEED, AFFIDAVIT OF AGENTS AND COPY OF CHART OF AGEN TS, ETC. WITH THE SUBMISSION THAT EITHER THESE DOCUMENTS SHOULD BE EX AMINED BY THE TRIBUNAL ITSELF OR THE MATTER MAY BE SENT BACK TO T HE LD. CIT(A) OR ASSESSING OFFICER FOR ITS VERIFICATION IN ORDER TO ADJUDICATE THE ISSUE JUDICIOUSLY. 5. THE LD. D.R. HAS SIMPLY PLACED RELIANCE UPON THE OR DER OF THE LD. CIT(A). 6. HAVING CAREFULLY EXAMINED THE ORDERS OF THE LOWER A UTHORITIES IN THE LIGHT OF THE RIVAL SUBMISSIONS, WE FIND THAT THOUGH THE ASSESSEE HAS FILED THE AFORESAID EVIDENCE BEFORE THE LD. CIT(A), BUT IT WA S NOT ADMITTED BY HIM. IT IS ALSO AN ADMITTED FACT THAT THE ASSESSEE SOUGHT T IME BEFORE THE ASSESSING OFFICER TO FILE THIS EVIDENCE, BUT IT WAS NOT ALLOW ED TO HIM. IN THAT SITUATION, THE LD. CIT(A) OUGHT TO HAVE ADMITTED THE EVIDENCE FILED BY THE ASSESSEE AND AFTER CALLING A REMAND REPORT FROM THE ASSESSIN G OFFICER, THE ISSUE SHOULD HAVE BEEN EXAMINED BY HIM, BUT HE DID NOT DO THE SAME. 7. IN THE LIGHT OF THESE FACTS, WE ARE OF THE VIEW THA T THE IMPUGNED ISSUE SHOULD BE EXAMINED IN VIEW OF THE EVIDENCE FI LED BEFORE THE TRIBUNAL IN THE FORM OF AFFIDAVIT, GIFT DEED, ETC. WE ACCOR DINGLY SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE MATTER TO HIS FIL E WITH A DIRECTION TO RE- ADJUDICATE THE ISSUE OF UNEXPLAINED CASH CREDIT AFR ESH IN THE LIGHT OF ADDITIONAL EVIDENCE FILED BY THE ASSESSEE, AFTER AF FORDING AN OPPORTUNITY OF BEING HEAD TO THE ASSESSEE. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FO R STATISTICAL PURPOSES. ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DAT E MENTIONED ON THE CAPTIONED PAGE. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 26 TH MARCH, 2015 JJ:2403 :-3-: COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR ASSISTANT REGISTRAR