Shailesh Amrutlal Kotecha, RAJKOT-GUJARAT V. The Income Tax Officer, Ward-2(3), RAJKOT-GUJARAT

ITA 364/RJT/2011

• Counselvise Citation: 36424914 RSA 2011
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 03-05-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 22-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANKUR GUR G
• Keywords: Opportunity of being heard

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. . .. . . .. . , , , , . .. . . .. . , , , , $ $ $ $ BEFORE SHRI T. K. SHARMA, JM AND SHRI D. K. SRIVAST AVA, AM ITA NO.364/RJT/2011 / ASSESSMENT YEAR 2005-06 SHAILESH AMRUTLAL KOTECHA, PROP. M/S. TELENET. 6, KANTA STRI VIKAS GRUH, DHEBAR ROAD, RAJKOT. PAN: AGCPK0930 F. ( */ APPELLANT) VS. THE I.T.O., WARD-2 (3) RAJKOT. +,*/ RESPONDENT -. / ASSESSEE BY NONE. . / REVENUE BY SHRI ANKUR GURG, D.R. . / DATE OF HEARING 03-05-2012 . / DATE OF PRONOUNCEMENT 03 - 05-2012 / / / / ORDER . .. . . . . . , , , , / T. K. SHARMA, J. M. THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER DATED 28-01-2010 OF THE COMMIS SIONER OF INCOME TAX-II, RAJKOT U/S.263 OF THE I.T. ACT, 1961 FOR THE ASSESS MENT YEAR 2005-06. 2. AT THE OUTSET, WE MAY MENTION THAT THIS APPEAL W AS EARLIER FIXED BEFORE SMC BENCH ON 05-12-2011. ON THAT DATE, THE SMC BE NCH TRANSFERRED THIS CASE TO DIVISION BENCH AND ADJOURNED THE HEARING TO 16-0 1-2012. ON 16-01-2012, AT THE REQUEST OF THE ASSESSEE, THIS CASE WAS ADJOURNE D FOR TO DAY I.E. 03-05-2012. TODAY, NONE WAS PRESENT ON BEHALF OF THE ASSESSEE. HOWEVER, A LETTER WAS FILED WHEREIN IT IS MENTIONED THAT THIS CASE BE FIXED BEF ORE SMC BENCH. THIS PRAYER OF THE ASSESSEE IS REJECTED AND WE PROCEED TO DECIDE T HIS APPEAL ON THE BASIS OF SUBMISSIONS MADE BY LD. D.R. AND MATERIALS AVAILABL E ON RECORD. ITA NO.364 /RJT/2011 2 3. SHRI ANKUR GURG, D.R. APPEARED FOR THE REVENUE P OINTED OUT THAT IN RESPECT OF THREE ISSUES NAMELY, (I) ADDITION TO THE ASSETS, (II) DIFFERENCE IN INCOME AS PER TDS CERTIFICATE AND (III) UNSECURED LOAN. TH E LD. CIT FOLLOWING THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF RAMPYARI DE VI SAROGI VS. CIT REPORTED IN (1968) 67 ITR 84 AND ALSO THE HONBLE HIGH COURT IN THE CASE OF GEE VEE ENTERPRISE VS. ADDL. CIT REPORTED IN (1975) 99 ITR 375, 386 SET ASIDE THE ASSESSMENT WITH A DIRECTION TO AO TO FRAME IT DE NO VO AFTER MAKING PROPER ENQUIRY AND VERIFICATION ON ALL THE ISSUES DISCUSSE D IN RESPECT OF ALL THE AFORESAID THREE ITEMS AFTER GRANTING REASONABLE OPPORTUNITY O F BEING HEAR TO THE AO. HE SUBMITTED THAT VIEW TAKEN BY LD. CIT, LOOKING TO TH E FACTS AND CIRCUMSTANCE, IS FAIR AND REASONABLE. THEREFORE, IMPUGNED ORDER OF LD. CI T U/S.263 BE UPHELD. 4. HAVING HEARD LD. D.R., WE HAVE CAREFULLY GONE TH ROUGH THE REASONS GIVEN BY THE AO. FROM THE PERUSAL OF THE SAME, WE ARE CO NVINCED THAT VARIOUS DECISIONS MENTIONED IN PARA-3 OF THE IMPUGNED ORDER ARE SQUARELY APPLICABLE TO THE FACTS OF THIS CASE. THEREFORE, LD. CIT IS LEGAL LY AND FACTUALLY CORRECT IN DIRECTING THE AO TO FRAME ASSESSMENT DE NOVO AFTER MAKING PRO PER ENQUIRY, VERIFICATION AND GIVING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. WE THEREFORE, DECLINED TO INTERFERE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON THE D ATE MENTIONED HEREINABOVE. SD/- SD/- ( .. / D. K. SRIVASTAVA) ( .. / T. K. SHARMA) / ACCOUNTANT MEMBER /JUDICIAL MEMBER 3/ DATE 03-05-2012. /RAJKOT ITA NO.364 /RJT/2011 3 . .. . +4 +4 +4 [phone] / COPY OF ORDER FORWARDED TO:- 1. * / APPELLANT-SHAILESH AMRUTLAL KOTECHA, RAJKOT.. 2. +,* / RESPONDENT- THE INCOME TAX OFFICER, WARD-2(3), R AJKOT. 3. : / CONCERNED CIT, RAJKOT. 4. :- / CIT (A)-II, RAJKOT.. 5. 4 +, , / DR, ITAT, RAJKOT 6. / GUARD FILE. / BY ORDER , ASSTT. REGISTRAR , INCOME TAX APPELLATE TRIBUNAL, RAJKOT.