M/s Shivnarayan Nandram Garg.Late Shri Mandanlal Garg,L\u005cu005cu005cu005cu005ch Radheshyam Agrawal, Indore V. The ITO, Indore

ITA 321/IND/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 53868 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 21-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: L L CHOUBEY
• Assessee Lawyers: K C AGRAWAL
• Keywords: Bogus purchase

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO.321/IND/2010 AY: 2001-02 M/S. SHIVNARAYAN NANDRAM GARG PROP. LATE SHRI MADANLAL GARG THROUGH L/H RADHESHYAM AGRAWAL, INDORE PAN AFCPA 4099 C ..APPELLANT V/S. ITO, WARD-2(4), INDORE ..RESPONDENT ASSESSEE BY : SHRI K.C. AGRAWAL, CA DEPARTMENT BY : SHRI L.L. CHOUBEY, SR. DR ORDER PER JOGINDER SINGH THE ASSESSEE IS IN APPEAL AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-II, IN DORE, DATED 4.2.2010 ON THE GROUND THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, LD. FIRST APPELLATE 2 AUTHORITY ERRED IN MAINTAINING THE ADDITION ON PROT ECTIVE BASIS ON ACCOUNT OF PURCHASES MADE FROM M/S. GANESH TRADERS, INDORE AT RS.3,64,600/-. 2. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF BOT H THE SIDES. DURING HEARING, THE LD. COUNSEL FOR ASSE SSEE CONTENDED THAT ADDITION OF THE IMPUGNED AMOUNT HAS BEEN CONFIRMED IN THE CASE OF RADHESHYAM AGRAWAL IN THE ASSESSMENT YEAR 2001-02 AND ON PROTECTIVE BASIS , THE ADDITION WAS MADE IN THE HANDS OF LATE SHRI MADANLAL GARG I.E. FATHER OF THE ASSESSEE. THIS FAC TUAL ASSERTION WAS NOT CONTROVERTED BY THE LD. SR. DR AS UNDERTAKING, DULY SIGNED BY SHRI RADHESHYAM AGRAWAL , DATED 6.7.2011, WAS PLACED UPON THE RECORD BY THE L D. COUNSEL FOR ASSESSEE. 3. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED OPINION THAT NO DOUBLE ADDITION CAN BE MADE OF THE SAME AMOUNT ESPECIALLY WHEN THE ADDITION OF THE DISPUTED AMOUNT, ON ACCOUNT OF ALLEGED BOGUS PURCHASES HAS B EEN 3 MADE ON SUBSTANTIVE BASIS IN THE HANDS OF RADHESHYA M AGRAWAL IN THE ASSESSMENT YEAR 2001-02 AND EVEN THE TRIBUNAL VIDE ORDER DATED 1.4.2008 (ITA NO.127/IND/2005) DISMISSED THE APPEAL FOR NON- APPEARANCE. THERE IS A FURTHER UNDERTAKING ON BEHAL F OF SHRI RADHESHYAM AGRAWAL THAT HE WILL NOT CONTEST TH E ADDITION OF THE IMPUGNED AMOUNT WHICH HAS BEEN MADE ON SUBSTANTIVE BASIS IN HIS HANDS. IN VIEW OF THESE FACTS, THIS APPEAL OF THE ASSESSEE IS ALLOWED. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES OF BOTH SIDES AT THE CONCLUS ION OF THE HEARING ON 27.7.2011. (R.C. SHARMA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16 TH AUGUST, 2011 COPY TO: APPELLANT/RESPONDENT/CIT/CIT(A)/DR/GUARD F ILE !VYAS!