Sukhomoy Rana, Burdwan V. ITO, Ward - 2(3), Asansol, Burdwan

ITA 375/KOL/2011

• Counselvise Citation: 37523514 RSA 2011
• Duration Of Justice: 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2011
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 02-06-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 07-03-2011
• Court: TRIBUNAL
• Department Lawyers: S K MALAKAR
• Assessee Lawyers: T P KAR
• Keywords: Gift; Opportunity of being heard
• Section: 144

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH A, KOLKATA () BEFORE , , , , , SHRI MAHAVIR SINGH, JUDICIAL MEMBER. /AND . .. . ! ! ! !. .. . , '# SHRI C.D.RAO, ACCOUNTANT MEMBER $ $ $ $ / ITA NO . 375/KOL/2011 %& '(/ ASSESSMENT YEAR : 2006-07 (*+ / APPELLANT ) SUKHOMOY RANA, BURDWAN (PAN: ACYPR 1065 N) - % - - VERSUS - . (-.*+/ RESPONDENT ) I.T.O., WARD-2(3), ASANSOL *+ / 0 '/ FOR THE APPELLANT: SHRI T.P.KAR -.*+ / 0 '/ FOR THE RESPONDENT: SHRI S.K.MALAKAR '1 / ORDER ( (( ( . .. . ! ! ! !. .. . ) )) ), , , , '# PER SHRI C.D.RAO, AM THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER DATED 18.11.2010 OF THE CIT(A), ASANSOL RELATING TO A.YR. 2006-07. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GRO UNDS OF APPEAL :- 1. THAT HOW FAR THE ASSESSING OFFICER IS CORRECT I N MAKING ADDITIONS OF RS.55,55,776/- WITHOUT CONSIDERING THE REINVESTMENT OF MATURITY OF VARIOUS INVESTMENTS, DEPOSITS, INTEREST INCOME AND WITHOUT TAKING OR ALLOWING THE PAST SAVINGS FROM AGRICULTURE, SALARY SAVINGS, RE-INVEST MENT OF MATURED DEPOSITS, POSTAL SECURITIES, DEATH BED GIFTS FROM FATHER PRIO R TO ASST YEAR 2000-2001 AND THE RESPECTIVE BALANCE SHEET COMPUTATIONS OF INCOME WERE ALL IN THE RECORDS OF THE ASSESSING OFFICER. 2. THAT HOW FAR THE ASSESSING OFFICER IS CORRECT IN MAKING ADDITIONS U/S 144 WHEN ALL THE PAST RECORDS ARE WITH HIM AND THE HON BLE TRIBUNAL, KOLKATA HAS REMANDED TO ASSESS YOUR APPELLANT AFRESH FROM THE A SST. YEAR 2000-2001 TO 2005-2006. 2 3. FOR THAT WHILE MAKING THE IMPUGNED ASSESSMENT TH E ASSESSING OFFICER RELIED ON CERTAIN DOCUMENTS COLLECTED FROM VARIOUS SOURCES WITHOUT ALLOWING THE ASSESSEE TO THE COPIES OF THOSE AND THUS DENIAL THE NATURAL OPPORTUNITY TO REBUT THE ADVERSE FINDING BY HIM AND THEREBY THE ASSESSME NT IS BAD-IN-LAW AND LIABLE TO BE DELETED. 3. AT THE TIME OF HEARING, THE LD. COUNSEL APPEA RING ON BEHALF OF THE ASSESSEE CONTENDED THAT SINCE THE TRIBUNAL HAS SET ASIDE THE MATTER TO THE FILE OF AO FOR FRESH ASSESSMENT FOR THE A.YRS. 2000-01 TO 2005-06 HE REQ UESTED TO SET ASIDE THE ISSUE TO THE FILE OF THE AO FOR THE YEAR UNDER CONSIDERATION FOR FRESH ASSESSMENT 4. ON THE OTHER HAND, THE LD. DR APPEARING ON BEHALF OF THE REVENUE HAS NOT RAISED ANY OBJECTION FOR SETTING ASIDE THE ISSUE. 5. AFTER HEARING THE RIVAL SUBMISSIONS AND ON PE RUSAL OF THE MATERIALS AVAILABLE ON RECORD IT IS OBSERVED THAT THE TRIBUNAL IN ASSESSEE S OWN CASE VIDE ITA NOS.674- 678/KOL/2009 FOR A.YRS.2001-02 TO 2005-06 HAS SET A SIDE THE MATTER TO THE FILE OF AO FOR FRESH ASSESSMENT BY OBSERVING AS UNDER :- 9.1. FROM THE ABOVE, IT IS EVIDENT THAT ON THE BASIS OF THE INFORMATION FROM THE CBI THE AO ISSUED SHOW CAUSE NOTICE TO THE ASSE SSEE ON 12.12.2007 GIVING THE DETAILS OF ALL INVESTMENTS AND DEPOSITS FOUND I N THE NAME OF THE ASSESSEE AND HIS FAMILY MEMBERS. THE ASSESSEE WAS ASKED TO S UBMIT A REPLY WITHIN 7 DAYS. IN OUR OPINION, THE TIME OF 7 DAYS ALLOWED BY THE AO CANNOT BE SAID TO BE ADEQUATE OPPORTUNITY. MOREOVER, WE ALSO AGREE WITH THE LD. COUNSEL THAT THE FINDING OF THE COURT IN THE CRIMINAL CASE FILED AGA INST THE ASSESSEE WILL ALSO HAVE A BEARING ON THE ASSESSMENT OF THE TOTAL INCOM E OF THE ASSESSEE BECAUSE THE AO HAS DETERMINED THE ASSESSEES INCOME ON THE BASIS OF THE INFORMATION SUPPLIED BY THE SP,CBI. THE SAME INFORMATION IS UND ER CONSIDERATION IN THE CRIMINAL PROCEEDINGS AGAINST THE ASSESSEE WHERE THE CHARGE SHEET IS CLAIMED TO HAVE BEEN FILED. IN VIEW OF THE TOTALITY OF THE ABO VE FACTS WE DEEM IT PROPER TO SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW FOR A LL THE YEARS UNDER APPEAL BEFORE US AND RESTORE THE MATTER BACK TO THE FILE O F THE AO. WE DIRECT HIM TO MAKE THE ASSESSMENT FRESH DE NOVO AFTER ALLOWING AD EQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 5.1. RESPECTFULLY FOLLOWING THE SAME WE DIRECT THE AO TO MAKE THE ASSESSMENT FRESH DE NOVO AFTER ALLOWING ADEQUATE OPPORTUNITY OF BEIN G HEARD TO THE ASSESSEE. 3 6. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 02.06.2011. SD/- SD/- MAHAVIR SINGH, JUDICIAL MEMBER . .. . ! ! ! !. .. . , ,, , '# '# '# '# , C.D.RAO, ACCOUNTANT MEMBER. ( (( (!# !# !# !#) )) ) DATE: 02.06.2011 '1 / -2 3'2'4- COPY OF THE ORDER FORWARDED TO: 1. SUKHOMOY RANA, VILL-DHANUKA, P.O.CHINCHURIA, DIST.B URDWAN. 2 THE I.T.O., WARD-2(3), ASANSOL 3. THE CIT, 4. THE CIT(A)- ASANSOL 5. DR, KOLKATA BENCHES, KOLKATA .2 -/ TRUE COPY, '1%9/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES R.G.(.P.S.)