D.C.I.T., 4(1), Agra V. Sh. Sanjay Kumar Agarwal, Agra

ITA 375/AGR/2010

• Counselvise Citation: 37520314 RSA 2010
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 10-10-2011
• Assessment Year: 2000-2001
• Appeal Filed On: 09-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K SHARMA
• Section: 147; 68; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO.375/AGR/2010 ASSESSMENT YEAR: 2000-01 DY. COMMISSIONER OF INCOME TAX, VS. SHRI SANJ AY KUMAR AGARWAL, CIRCLE 4(1), AGRA. D-15, KAMLA NAGAR, AGRA. (PAN: AAUPA 2845 H). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI A.K. SHARMA, JR. D.R. RESPONDENT BY : SHRI ANURAG SINHA, ADVOCATE DATE OF HEARING : 10.10.2011 DATE OF PRONOUNCEMENT : 10.10.2011 ORDER PER H.S. SIDHU, J.M. : THE REVENUE HAS FILED THE PRESENT APPEAL AGAINST TH E IMPUGNED ORDER DATED 12.05.2010 PASSED BY THE LD. CIT(A)-II, AGRA ON THE FOLLOWING GROUNDS OF APPEAL :- 1. THAT THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS IN QUASHING THE NOTICE U/S 148 OF I.T. ACT, 1961 BY HO LDING THE REASONS RECORDED BEING BASED ON BORROWED SATISFACT ION FROM INVESTIGATION WING DO NOT GIVE A VALID FOUNDATION F OR ISSUING THE SAME IGNORING THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF ITO VS. PURSHOTTAM DAS BANGUR & OTHERS CITE D IN 224 ITR 362 (SC) WHEREIN IT HAD BEEN HELD THAT ASSESSIN G OFFICER ON RECEIPT OF INFORMATION FROM THE INVESTIGATION WI NG OF THE DEPARTMENT WITHOUT FURTHER ENQUIRY CAN FORM AN OPIN ION REGARDING ESCAPEMENT OF INCOME U/S 147 OF I.T. ACT. 2 2. THAT THE LEARNED CIT(A) HAS ERRED IN LAW IN HOLD ING THAT WHILE RECORDING THE REASONS THE ASSESSING OFFICER HAS NOT APPLIED HIS MIND IGNORING THE FACTS BROUGHT ON RECORD BY HIM ME NTIONED AT PAGE 2 AND 3 OF THE ASSESSMENT ORDER WHICH SUGGESTE D THAT THE PROCEEDINGS U/S 147 MAY BE ISSUED IN THIS CASE THE ASSESSES HAS NOT MADE FULL AND TRUE DISCLOSURE OF ALL MATERIAL F ACTS REQUIRED FOR THE ASSESSMENT. 3. THAT THE LEARNED CIT(A), AGRA HAS ERRED IN LAW A ND ON FACTS IN DELETING THE ENTIRE ADDITION OF ` 9,09,710/- MADE BY THE ASSESSING OFFICER U/S 68 OF I.T. ACT ON ACCOUNT OF UNEXPLAINED RECEIPT OF MONEY SHOWN AS SALE OF SHARES IGNORING T HE FACTS AND CIRCUMSTANCES OF THE CASE OBSERVATIONS AND FINDINGS OF THE ASSESSING OFFICER AS WELL AS PRONOUNCEMENT AS DISCU SSED IN THE ASSESSMENT ORDER. 4. THE ORDER OF LD. CIT(A) BEING ERRONEOUS IN LAW A ND ON FACTS DESERVES TO BE QUASHED AND THAT THE ORDER OF THE A. O. TO BE RESTORED. 5. THE APPELLANT CRAVES LEAVE TO ADD OR ALTER ANY O R MORE GROUND OR GROUNDS OF APPEAL AS MAY BE DEEMED FIT AT THE TI ME OF HEARING OF APPEAL. 2. THE FACTS ARE NOT DISPUTED BY BOTH THE PARTIES, THEREFORE, NO NEED TO REPEAT THE SAME FOR THE SAKE OF CONVENIENCE. 3. AT THE TIME OF HEARING, SHRI ANURAG SINHA, LD. C OUNSEL FOR THE ASSESSEE STATED THAT THE ISSUE IN DISPUTE HAS ALREADY BEEN A DJUDICATED AND DECIDED IN FAVOUR OF THE ASSESSEE BY THIS BENCH IN THE CASES OF FAMIL Y MEMBERS OF THE ASSESSEE IN MANY CASES. HE HAS ALSO PRODUCED THE COPIES OF 7 O RDERS PASSED IN THE CASE OF FAMILY MEMBERS OF THE ASSESSEE. HE HAS ALSO STATED THAT IDENTICAL ISSUE HAS ALREADY 3 BEEN DECIDED BY LD. THIRD MEMBER, I.T.A.T., AGRA BE NCH, AGRA IN FAVOUR OF THE ASSESSEE AND HE HAS ALSO PRODUCED COPIES OF THE SAM E BEFORE THE BENCH. 4. THE LD. DEPARTMENTAL REPRESENTATIVE HAS NOT RAIS ED ANY SERIOUS OBJECTION AND HE RELIED UPON THE ORDER PASSED BY THE ASSESSIN G OFFICER. 5. WE HAVE HEAD BOTH THE PARTIES AND PERUSED THE RE LEVANT RECORDS AVAILABLE WITH US, ESPECIALLY, THE ORDERS OF THIS BENCH PASSE D IN THE CASES OF FAMILY MEMBERS OF THE ASSESSEE. THE PARTICULARS OF THE ORDERS ARE AS UNDER :- A) ITA NO.192/AGR/2010 DCIT VS. KANTI PRASAD AGAR WAL (FATHER) - DATE OF DECISION 30.06.2011. B) ITA NO.193/AGR/2010 DCIT VS. KANTI PRASAD AGARW AL (FATHER) - DATE OF DECISION 15.07.2011. C) ITA NO.216/AGR/2010 DCIT VS. SHEELA DEVI AGARWA L (MOTHER) - DATE OF DECISION 30.06.2011. D) ITA NO.198/AGR/2010 ITO VS. RENU AGARWAL (SISTE R) - DATE OF DECISION 19.08.2011. E) ITA NO.157/AGR/2010 DCIT VS. MUKESH KUMAR AGARWA L HUF (BROTHERS HUF) - DATE OF DECISION 30.06.2011. F) ITA NO.220/AGR/2010 DCIT VS. MUKESH KUMAR AGARW AL (BROTHER) - DATE OF DECISION 30.06.2011. G) ITA NO.290/AGR/2010 DCIT VS. SANJAY KUMAR AGARW AL HUF (HUF OF RESPONDENT) - DATE OF DECISION 15.07.2011. 6. WE HAVE ALSO GONE THROUGH THE ORDERS PASSED BY T HE LD. THIRD MEMBER, I.T.A.T., AGRA BENCH ON THE ISSUE IN DISPUTE WHICH HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE. THE PARTICULARS OF THE ORDERS ARE AS UNDER :- 4 I) SHRI BAIJNATH AGARWAL VS. ACIT 4(1) REPORTED IN (2010) 133 TTJ 129 (T.M.) (AGRA) II) ITO VS. SMT. BIBI RANI BANSAL REPORTED IN (2010 ) 133 TTJ 394 (AGRA) (T.M.) 7. AFTER PERUSING THE AFORESAID ORDERS PASSED BY TH IS BENCH, WE ARE OF THE CONSIDERED OPINION THAT THE ISSUE IN DISPUTE HAS AL READY BEEN DECIDED BY THIS BENCH IN THE CASE OF FAMILY MEMBERS OF THE ASSESSEE. THE REFORE, RESPECTFULLY FOLLOWING THE SAME, THE APPEAL FILED BY THE REVENUE IS DISMIS SED. 8. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10.10.2011. SD/- SD/- (B.C. MEENA) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE: 10 TH OCTOBER, 2011 PBN/* COPY OF THE ORDER FORWARDED TO: APPELLANT/RESPONDENT/CIT CONCERNED/CIT(APPEALS) CO NCERNED/D.R., ITAT, AGRA BENCH, AGRA/GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY