M/s Rahul Traders, Indore V. The ACIT, Indore

ITA 318/IND/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2747 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 01-07-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 19-06-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MITRA
• Assessee Lawyers: RAKESH NAHAR
• Keywords: Opportunity of being heard

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI V.K. GUPTA, ACCOUNTANT MEMBER ITA NO.318/IND/2009 A.YS. 2005-06 M/S RAHUL TRADERS ITARSI PAN- AAHFR-7731C APPELLANT VS ASSTT. COMMISSIONER OF INCOME 1(1) BHOPAL RESPONDENT APPELLANT BY : SHRI RAKESH NAHAR, CA RESPONDENT BY : SHRI P.K. MITRA, SR. DR O R D E R PER BENCH THIS APPEAL IS BY THE ASSESSEES AGAINST THE ORDER O F THE LEARNED CIT(A) DATED 30.3.2009 ON THE GROUND THAT THE LEARN ED COMMISSIONER OF INCOME TAX (APPEALS) WAS NOT JUSTIFIED IN SUSTAININ G THE ADDITION OF RS.3,76,798/- TO THE INCOME OF THE ASSESSEE. 2. DURING HEARING OF THIS APPEAL WE HAVE HEARD SHRI RAKESH NAHAR, LD. COUNSEL FOR THE ASSESSEE AND SHRI P.K. M ITRA, LEARNED SENIOR DR. THE LD. COUNSEL FOR THE ASSESSEE FILED THE LEN DAAR SUCHI AS ON 2 31.3.2004 ALONG WITH NAMES, AMOUNTS AND THE DATE OF RECEIPT, BEFORE THE TRIBUNAL. THE LEARNED SENIOR DR CONTENDED THAT THE NECESSARY DETAILS FURNISHED THROUGH THIS LIST WERE NOT AVAILABLE BEFO RE THE AO, THEREFORE, FOR FAIR CONCLUSION, THIS APPEAL MAY BE REMANDED BA CK TO THE FILE OF THE LEARNED AO SO THAT NO GRIEVANCE IS CAUSED TO THE RE VENUE. ON QUESTIONING FROM THE BENCH WHETHER THE DETAILS CONT AINED IN THE LIST WERE FILED DURING THE ASSESSMENT PROCEEDINGS, THE LD. CO UNSEL FOR THE ASSESSEE FAIRLY AGREED THAT ALL THE DETAILS WERE NO T FILED BEFORE THE LEARNED AO. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF LD. REPRESENTATIVES OF BOTH SIDES AND PERUSED THE MATER IAL AVAILABLE ON RECORD. BEFORE COMING TO ANY CONCLUSION, WE ARE SU PPOSED TO DISCUSS THE FACTS OF THE CASE WHICH ARE THAT THE ASSESSEE, A PARTNERSHIP FIRM, DERIVES INCOME FROM WHOLESALE TRADING IN RICE, KANK I, MURMURA, POHA, ETC. SURVEY U/S 133 OF THE ACT WAS CARRIED OUT ON 28.1.2005 AT THE PREMISES OF THE ASSESSEE WHEREIN LESS STOCK TO THE TUNE OF RS.5,40,370/- WAS FOUND. IDENTICALLY, CASH OF RS.3,73,872/- WAS ALSO FOUND SHORT. THE ASSESSEE SURRENDERED A SUM OF RS.6 LACS FOR TAXATIO N. THE ASSESSEE DECLARED TOTAL INCOME OF RS.6,18,352/- ALONG WITH A UDIT REPORT ON 30.10.2005. THE LEARNED AO FRAMED THE ASSESSMENT ON TOTAL INCOME OF RS.12,87,396/- BY MAKING THE ADDITION OF RS.6,69,04 4/-. THE LEARNED CIT(A) PARTLY ALLOWED THE APPEAL OF THE ASSESSEE WH ICH IS UNDER 3 CHALLENGED BEFORE THE TRIBUNAL. WITHOUT COMMENTING FURTHER SINCE THE DETAILS FILED BEFORE THE TRIBUNAL, WERE NOT FILED B EFORE THE AO, WE, IN THE INTEREST OF BOTH THE PARTIES, REMAND THIS ISSUE TO THE FILE OF THE LEARNED AO, WHO SHALL EXAMINE THESE DETAILS AND WILL DECIDE THE ISSUE AFRESH IN ACCORDANCE WITH LAW AFTER GIVING DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE WITH THE LIBERTY TO FILE EVIDENCE, IF ANY, TO SUBSTANTIATE ITS CLAIM. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN OPEN COURT IN THE PRESENCE OF L EARNED REPRESENTATIVES OF BOTH THE SIDES AT THE CONCLUSION OF HEARING ON IST JULY, 2010. (V.K. GUPTA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER IST JULY, 2010 COPY TO: APPELLANT, RESPONDENT, CIT, CIT(A), DR, G UARD FILE *DN/