Sri Murgesh G. Bellikatti., Belagavi V. The Income Tax Officer, Ward-2(1), Belgaum., Belagavi

ITA 324/PAN/2015

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1337 (ITAT-PANAJI)
• Duration Of Justice: 2 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 06-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S D GULAWANI
• Assessee Lawyers: S R KOKATE I T P
• Keywords: Unexplained investment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI , HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NO. 3 2 4 /PNJ/201 5 (ASST. YEAR : 20 1 0 - 11 ) SHRI MURUGESH GURUSIDDAPPA BELLIKATTI, 5784, SECTOR NO.6, SHREE NAGAR, VANTAMURI COLONY, BELAGAVI. VS. IT O , WARD - 2(1), BEL A GA VI . PAN NO. AOEPB 3933 P (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S.R. KOKATE - ITP . DEPARTMENT BY : SHRI S.D. GULAWANI - D R DATE OF HEARING : 2 0 / 1 0/2015 . DATE OF PRONOUNCEMENT : 2 0 / 1 0 /201 5 . O R D E R PER N.S. SAINI , ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) , BEL A GA VI , DATED 0 1 /0 6 /201 5 . 2. THE SOLE ISSUE INVOLVED IN THIS APPEAL IS THAT THE COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN CONFIRMING THE ADDITION MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINED INVESTMENT IN THE BANK ACCOUNT AND ON ACCOUNT OF LONG TERM CAPITAL GAINS. 3 . AFTER GOING THROUGH THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) , WE FIND TH A T THE COMMISSIONER OF INCOME TAX (APPEALS) DISMISSED THE APPEAL OF THE ASSESSEE ON THE GROUND TH A T THE ASSESSEE FAILED TO PUT IN APPEARANCE ON THE DATE S OF HEARING FIXED ON 02/06/2014, 07/07/2014, 06/08/2014, 22/08/2014, 08/09/2014, 2 ITA NO. 32 4 /PNJ/201 5 18/09/2014, 09/10/2014, 11/11/2014, 04/02/2015, 03/03/2015 AND 09/04/2015 . WE FIND THAT THE HONBLE BOMBAY HIGH COURT IN THE CASE OF BHARAT PETROLEUM CORPORATION LTD. VS. ITAT IN WRIT PETITION NO. 1740/2013 VIDE ORDER DATED 23/10/2013 HAS HELD THAT THE TRIBUNAL HAS NO POWER TO DISMISS THE APPEAL FOR NON - APPEARANCE OF APPELLANT . IT HAS TO DEAL WITH THE MERITS. 4 . RESPECTFULLY FOLLOWING THE SAME, WE SET ASIDE THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) AND RESTORE BACK THE MATTER TO HIS FILE DIRECTING HIM TO DISPOSE OF THE APPEAL OF THE ASSESSEE ON MERITS AFTER ALLOWING REASONABLE AND PROPER OPPORTUNITY OF HEARING TO B OTH THE PARTIES. 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE HEARING ON MONDAY , THE 2 0 TH DAY OF OCTOBER , 201 5 AT GOA . S D / - S D / - (GEORGE MATHAN) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER D ATED : 2 0 TH OCTOBER , 201 5 . VR/ - COPY TO: 1 . THE ASSESSEE. 2 . THE REVENUE. 3 . THE CIT 4 . THE CIT(A) 5 . THE D.R . 6 . GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., PANAJI 3 ITA NO. 32 4 /PNJ/201 5 DATE INITIAL ORIGINAL DICTATION PAD IS ATTACHED WITH I.T.A.NO. 303/PNJ/2015 1. DRAFT DICTATED ON 2 0 . 1 0.2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 2 0 . 1 0 .2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 2 0 / 1 0 /2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 2 0 / 1 0/2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 2 0 / 1 0 /2015 SR.PS 6. DATE OF PRONOUNCEMENT 2 0 / 1 0/2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 2 0 / 1 0 /2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER