Shri Manishkumar R.Changela, Anand V. The Income tax Officer,Ward-2, Anand

ITA 3423/AHD/2009

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 50865 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 02-11-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 29-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARTIBEN N SHAH
• Keywords: Income from undisclosed sources
• Section: 68

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B AHMEDABAD BEFORE S/SHRI D.K.TYAGI, JM AND A. MOHAN ALANKAMON Y, AM. SHRI MANISHKUMAR R. CHANGELA, PROP. OF FENIL INDUSTRIES, JALA NAGAR, B/H AMBUJA CEMENT DEPT, SARSA ROAD, CHIKHODRA, ANAND. VS. INCOME-TAX OFFICER, WARD-2, ANAND. (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SMT. ARTIBEN N. SHAH, AR RESPONDENT BY:- SHRI SAMIR TEKRIWAL, SR.DR DATE OF HEARING : 2/11/2011 DATE OF PRONOUNCEMENT : 2/11/2011. O R D E R PER D. K. TYAGI, JUDICIAL MEMBER . THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF LD. CIT(A) DATED 28.10.2009 FOR ASST. YEAR 2006-07, RAI SING FOLLOWING GROUNDS :- (1) THE LD. CIT(A)-IV, BARODA HAS ERRED IN LAW AND ON F ACTS OF THE CASE IN PASSING EX PARTE ORDER WITHOUT GIVING OPPOR TUNITY TO THE APPELLANT TO PRESENT HIS CASE. (2) THE LD. CIT(A)-IV, BARODA HAS ERRED IN LAW AND ON F ACTS OF THE CASE IN CONFIRMING ADDITION OF RS.54,00,824/- U/S 6 8 OF THE ITA NO.3423/AHD/2009 ASST. YEAR :2006-07 ITA NO.3423/AHD/2009 ASST. YEAR 2006-07 2 INCOME-TAX ACT, 1961 IN RESPECT OF LOAN TAKEN FROM MANDEEP INDUSTRIES. 2. THE FACTS OF THE CASE ARE THAT THE RETURN OF INC OME WAS FILED BY THE ASSESSEE ON 22/12/2006 VIDE ACKNOWLEDGEMENT NO.0032 34 DECLARING TOTAL INCOME OF RS.1,09,898/- ALONG WITH TAX AUDIT REPORT UNDER SECTION 44AB IN FORM NO.3CB AND 3CD ACCOMPANIED BY BALANCE SHEET, PROFIT AND LOSS ACCOUNT., ETC. THE CASE OF THE ASSESSEE WA S SELECTED FOR SCRUTINY. SEVERAL NOTICES WERE ISSUED BY THE AO ON 6/12/2007, 12/12/2007, 18/07/2008, 18/8/2008, 08/09/2008, 15/09/2008 AND 2 4/10/2008. ON 6/11/2008 LD. AFTER CONSIDERING THE FACTS OF THE CA SE AND THE SUBMISSIONS OF THE ASSESSEE THE AO OBSERVED THAT THE ASSESSEE H IMSELF HAD INTRODUCED HIS UNACCOUNTED INCOME IN THE FORM OF UNEXPLAINED C ASH CREDITS IN HIS BOOKS OF ACCOUNTS AND ACCORDINGLY THE SAID UNEXPLAI NED CASH CREDITS OF RS.54,00,829 WERE TREATED AS INCOME OF THE ASSESSEE U/S 68 OF THE ACT AND ADDED BACK TO THE TOTAL INCOME OF THE ASSESSEE. IN APPEAL THIS ACTION OF THE AO WAS CONFIRMED BY LD. CIT(A) BY PASSING AN EX PAR TE ORDER. AGGRIEVED BY THIS ORDER OF LD. CIT(A) THE ASSESSEE IS IN APPEAL BEFORE US. 3. BEFORE US THE LD. COUNSEL OF THE ASSESSEE SUBMIT TED THAT SINCE THE LD. CIT(A) HAS PASSED AN EX PARTE ORDER, WITHOUT PROVID ING SUFFICIENT OPPORTUNITY OF HEARING, THE MATTER MAY BE RESTORED BACK TO THE FILE OF AO ITA NO.3423/AHD/2009 ASST. YEAR 2006-07 3 SO THAT ASSESSEE CAN PROPERLY CLARIFY ITS STAND AND THE MATTER MAY BE DECIDED AFTER PROPER VERIFICATION. 4. THE LD. DR DID NOT HAVE ANY OBJECTION TO THIS SU BMISSION OF THE LD. COUNSEL. 5. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE MATERIAL ON RECORD, WE FIND THAT THE MATTER HAS BEEN DECIDED EX PARTE BY FIRST APPELLATE AUTHORITY. IN OUR OPINION, IN THE INTERES T OF JUSTICE, IT WILL BE JUST AND PROPER IF THE MATTER IS RESTORED BACK TO THE FI LE OF AO FOR FRESH ADJUDICATION, AFTER PROVIDING REASONABLE OPPORTUNIT Y OF BEING HEARD TO THE ASSESSEE. WE ORDER ACCORDINGLY. THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER WAS PRONOUNCED IN OPEN COURT ON 2/11/2011. SD/- SD/- (A. MOHAN ALANKAMONY) (D.K. TYAGI) ACCOUNTANT MEMBER JUDICI AL MEMBER AHMEDABAD, MAHATA/- ITA NO.3423/AHD/2009 ASST. YEAR 2006-07 4 COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD 1.DATE OF DICTATION 2/11/2010. 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER.OTHER MEMBER 3/11/2011 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT.. 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..