SALIL KUMAR MASIH, DURG(CG) V. ACIT- 1, BHILAI(CG)

ITA 37/BIL/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0202 (ITAT-RAIPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 13-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GITSH KUMAR
• Assessee Lawyers: AMIT MALOO JAIN
• Keywords: Reopening of assessment; Reason to believe
• Section: 148

Judgement Text

1 ITA NO. 37/RPR/2015. IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. (S.M.C.) I.T.A. NO.37/RPR/2015. ASSESSMENT YEAR : 2007 - 08. SALIL KUMAR MASIH, ASSTT. COMMISSIONER OF INCOME - TAX - 1, DURG. VS. BHILAI. PAN AEEPM0657D. APPELLANT. RESPONDENT. APPELLANT BY : SHRI AMIT MALOO JAIN RESPONDENT BY : SHRI GITSH KUMAR. DATE OF HEARING : 20 - 10 - 2016 DATE OF PRONOUNCEMENT : 21 ST NOV.2016. O R D E R. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS), RAIPUR DATED 28 - 11 - 2014 AND PERTAINS TO ASSESSMENT YEAR 2007 - 08. THE GROUNDS OF APPEAL READ AS UNDER : 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) HAS ERRED IN CONFIRMING THE ORDER OF A.O. WHO HAS ERRED IN REOPENING THE ASSESSMENT BY ISSUE OF NOTICE U/S 148, THERE BEING NO REASON TO BELIEVE THAT THE INCOM E HAS ESCAPED. THE REOPENING OF ASSESSMENT IS UNJUSTIFIED, UNWARRANTED AND UNCALLED FOR. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) HAS ERRED IN SUSTAINING THE ADDITION MADE BY A.O. AMOUNTING TO RUPEES 5,68,119/ - , BEING CASH WITHDRAWAL FROM BANK ACCOUNT OF THIRD PARTY, TREATED AS INCOME OF APPELLANT. ADDITION OF RS.5,68,119/ - BY THE A.O. IS UNJUSTIFIED, UNWARRANTED AND UNCALLED FOR. 2. AT THE OUTSET IN THIS CASE LEARNED COUNSEL OF THE ASSESSEE SUBMITT E D THAT IN THE APPEAL BEFO RE THE LEARNED CIT(APPEALS) THE ASSESSEE HAS ALSO RAISED GROUND 2 ITA NO. 37/RPR/2015. RELATING TO THE VALIDITY OF REOPENING. HOWEVER, IN THE APPELLATE ORDER, LEARNED CIT(APPEALS) HAS NOT ADJUDICATED THE SAME. IN THIS REGARD LEARNED COUNSEL OF THE ASSESSEE SUBMITTED BEFORE US TH E GROUND OF APPEAL BEFORE THE LEARNED CIT(APPEALS). IN THE GROUNDS RAISED BEFORE THE LEARNED CIT(APPEALS), GROUND NO. 1 READ AS UNDER : THAT THE LEARNED ACIT HAS ERRED IN ISSUING NOTICE U/S 148 WITHOUT THERE BEING ANY REASON TO BELIEVE THAT THE INCOME H AS ESCAPED. 3. FROM THE ABOVE IT IS APPARENT THAT GROUND RELATING TO REOPENING WAS RAISED BEFORE THE LEARNED CIT(APPEALS). HOWEVER, LEARNED CIT(APPEALS) HAS OMITTED TO ADJUDICATE THE SAME IN HIS APPELLATE ORDER. UNDER THE CIRCUMSTANCES I REMIT THE ISSUE TO THE LEARNED CIT(APPEALS). LEARNED CIT(APPEALS) IS DIRECTED TO CONSIDER THE ISSUE OF VALIDITY OF REOPENING RAISED BY THE ASSESSEE, AFTER GIVING ADEQUATE OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. 4. IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 21 ST DAY OF NOV., 2016. SD/ - ( SHAMIM YAHYA) ACCOUNTANT MEMBER. DATED: 21 ST NOV., 2016. 3 ITA NO. 37/RPR/2015. COPY FORWARDED TO : 1. SALIL KUMAR MASIH, PLOT NO. 12 B, STREET - 4, PANCHSHEEL SOCIETY, BORSI, DURG (C.G.) 2. A .C.I.T. - 1, BHILAI. 3. C.I.T., RAIPUR. 4. CIT(APPEALS), RAIPUR. 5. D.R., ITAT, RAIPUR. 6. GUARD FILE TRUE COPY. BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. WAKODE.