The Assistant Commissioner of Income Tax, Circle-2 (1), Panaji., Panaji V. Shri Noshire Dara Mody, Goa

ITA 33/PAN/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2098 (ITAT-PANAJI)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 02-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMESH S MUTAGAR

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. 33 /P A N/201 6 (ASST. YEAR : 20 11 - 1 2 ) ACIT, CIRCLE - 2(1), PANAJI GOA. VS. SHRI NOSHIRE DARA MODY, FRENDARA SALMONA WADO, SALIGAO, BARDEZ GOA. PAN NO. AJTPM 8205 D (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE . DEPARTMENT BY : SHRI RAMESH S. MUTAGAR - DR DATE OF HEARING : 0 4 / 0 5 /201 6 . DATE OF PRONOUNCEMENT : 04 / 0 5 /201 6 . O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REV E NUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) , PANAJI - 1 IN APPEAL NO. 339/PNJ/13 - 14 , DATED 0 4 / 12 /201 5 FOR THE ASSESSMENT YEAR 2011 - 12. 2. SHRI RAMESH S. MUTAGAR , DEPARTMENTAL REPRESENTATIVE REPRESENTED ON BEHALF OF THE REVENUE AND NONE REPRESENTED ON BEHALF OF THE ASSESSEE. 3 . IT WAS SUBMITTED BY THE DEPARTMENTAL REPRESENTATIVE THAT THE ONLY ISSUE IN THE REVENUES APPEAL WAS AGAINST THE ACTION OF THE COMMISSIONER OF INCOME TAX (APPEALS) IN DELETING THE ADDITION OF 80,89,724/ - MADE UNDER SEC. 28(IV) OF THE ACT. IT WAS THE SUBMI SSION 2 ITA NO. 33 /P A N/201 6 THAT IN THE COURSE OF ASSESSMENT , IT WAS NOTICED THAT THE ASSESSEE HAD CREDITED BALANCE OF 1,03,46,940/ - ON 01/04/2010 IN THE NAME OF DEVENDRA SINGH DOGRA . IT WAS THE SUBMISSION THAT OUT OF THIS , AN AMOUNT WAS PAID TO THE ASSESSEES TWO SONS BEING AMOUNT OF 33,09,098/ - TO MR. CLINT MODY AND 47,80,625/ - TO MR. GENE MODY . WHEN ASSESSEE WAS A S KED TO PRODUCE THE EVIDENCES TO SHOW THAT THE SAID AMOUNTS WERE PAID UNDER THE INSTRUCTIONS OF MR. DEVENDRA SINGH DOGRA TO HIS TWO SONS, HE HAD INFORME D THAT THE ASSESSEES TWO SONS AND MR. DEVENDRA SINGH DOGRA WERE NOT RESIDENTS AND PRESENTLY RESIDING AT LONDON AND IT IS NOT POSSIBLE TO PRODUCE THE PARTIES IMMEDIATELY. CONSEQUENTLY, THE ASSESSING OFFICER HAD ADDED THE SUMS AS THE ASSESSEES INCOME. IT WAS THE SUBMISSION THAT BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS), THE ASSESSEE HAD PRODUCED THE CONFIRMATION LETTERS AND THE COMMISSIONER OF I NCOME TAX (APPEALS) DELETED THE ADDITION MADE . IT WAS THE SUBMISSION THAT THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) WAS LIABLE TO BE REVERSED . 4 . WE HAVE CONSIDERED THE SUBMISSIONS OF THE DEPARTMENTAL REPRESENTATIVE. A PERUSAL OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) SHOWS THAT THE ASSESSEE HAS PRODUCED CONFIRMATIONS FROM MR. DEVENDRA SINGH DOGRA AND ALSO THE SONS OF THE ASSESSEE. IT WAS ALSO NOTI C ED THAT THE COMMISSIONER OF INCOME TAX (APPEALS) HAS SEN T THESE EVIDENCES FOR VERIFICATION AND REMAND REPORT FROM THE ASSESSING OFFICER. THE ASSESSING OFFICER HAS NOT DONE ANY SPECIFIC VERIFICATION, BUT HAS REPEATEDLY BEEN ASKING THE ASSESSEE TO PRODUCE THE PERSONS FOR VERIFICATION. CONSEQUENTLY, THE COMMI SSIONER OF INCOME TAX (APPEALS) AFTER VERIFYING THE DETAILS PRODUCED , HAS DELETED THE ADDITION. THE COMMISSIONER OF INCOME TAX (APPEALS) HAS CONSIDERED THE TRANSACTION IN ITS ENTIRETY IN PAGE NOS. 9 & 10 OF HIS ORDER AND THE R E V E NUE HAS NOT BEEN ABLE TO DISLODGE THESE FINDINGS. THIS BEING SO, WE ARE OF THE VIEW THAT THE FINDING OF THE COMMISSIONER OF INCOME TAX (APPEALS) IS ON RIGHT FOOTING AND DOES NOT CALL FOR ANY INTERFERENCE. 3 ITA NO. 33 /P A N/201 6 5. IN THE RESULT, APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCE D IN THE COURT AT THE CLOSE OF THE HEARING ON WEDNESDAY , THE 0 4 TH DAY OF MAY , 201 6 AT GOA . S D / - S D / - (N.S.SAINI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 0 4 TH MAY , 201 6 . 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