Jhamtani Jairam Ramchand, Pune V. Income tax Officer, Pune

ITA 416/PUN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4002 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 20-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH GAWLI
• Assessee Lawyers: DINESH R GULBARI
• Keywords: Depreciation; Corroborative evidences
• Section: 143(3)

Judgement Text

] IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI ANIL CHATURVEDI, AM . / ITA NO.416/PUN/2017 / ASSESSMENT YEAR : 2011-12 JHAMTANI JAIRAM RAMCHAND, JHAMTANI IRON TRADING, S.NO.11/2/7, OPP. ROYAL WORLD SCHOOL, BEHIND JHAMATANI IMPRESSIONS, PIMPIRI, PUNE 411 017. PAN : AAYPJ27-8E. . / APPELLANT V/S THE INCOME TAX OFFICER, WARD 8(3), PUNE. . / RESPONDENT ASSESSEE BY : SHRI DINESH R. GULBARI. REVENUE BY : SHRI RAJESH GAWLI. / ORDER PER ANIL CHATURVEDI, AM : 1. THIS APPEAL FILED BY THE ASSESSEE IS EMANATING OUT OF THE O RDER OF COMMISSIONER OF INCOME TAX (A) 6, PUNE, DT.30.08.2016 FOR THE ASSESSMENT YEAR 2011-12. 2. THE RELEVANT FACTS AS CULLED OUT FROM THE MATERIAL ON R ECORD ARE AS UNDER :- ASSESSEE IS AN INDIVIDUAL AND STATED TO BE ENGAGED IN THE BUSINESS OF TRADING IN IRON AND STEEL AND TRADING IN SHARES . ASSESSEE FILED HIS RETURN OF INCOME FOR A.Y. 2011-12 ON 21.02.2014 DE CLARING / DATE OF HEARING : 10.09.2018 / DATE OF PRONOUNCEMENT: 01.11.2018 2 ITA NO.416/PUN/2017 TOTAL INCOME OF RS.20,99,423/- AND CARRY FORWARD LOSS OF RS.15,14,993/- IN RESPECT OF TRADING IN SHARES. THE CA SE WAS SELECTED FOR SCRUTINY AND THEREAFTER ASSESSMENT WAS FRA MED U/S 143(3) OF THE ACT VIDE ORDER DT.21.02.2014 AND THE TOTAL INCOME WAS DETERMINED AT RS.24,45,860/-. AGGRIEVED BY THE ORDER OF AO, ASSESSEE CARRIED THE MATTER BEFORE LD.CIT(A), WHO VIDE ORDER DT.30.0 8.2016 (IN APPEAL NO. PN/CIT(A)-V/ITO WD.8(3)/23/2014-15) DISMISSED TH E APPEAL OF THE ASSESSEE. AGGRIEVED BY THE ORDER OF LD.CIT (A), ASSESSEE IS NOW IN APPEAL AND HAS RAISED THE FOLLOWING GROUNDS : 1. ON THE FACTS AND CIRCUMSTANCES PREVAILING IN TH E CASE AND AS PER PROVISIONS OF LAW, THE LEARNED ASSESSING OFFICER HA S ACTED ARBITRARILY IN MAKING ADDIT I ONS AT HIGHER SIDE BY NOT ALLOWING ADDITION OF INCO ME TO THE EXTENT AS PER PROVISIONS OF LAW U/S 44AE I . E. 4 , 500/- PER MONTH FROM ONE LIGHT TRANSPORT VEHICLE AND INSTEAD ADDED TOTAL REC EIPTS OF RS . 3,46 , 282/ - TO ROI. THE APPELLANT . ACTUALLY RECEIVED AMOUNTS ON ACCOUNTS OF TRANSPORT BUSINESS AND THE EVIDENCES OF COMMERCIAL TRANSPORT VEHICLE PURCHASED AND FINANCED BY SUNDARAM FINANCE LTD . USED FOR BUSINESS WAS GIVEN TO THE ASSESSING OFFICER TOWARDS DEPOSITS INTO SEVA VIKAS BANK A/C NO . 7260 UNDISCLOSED IN THE BOOKS OF ACCOUNTS. THE APPELLANT BE GRANTED JUST & PROPER RELIEF IN TH I S REGARDS . 2. ON THE FACTS AND C I RCUMSTANCES PREVAILING IN THE CASE AND AS PER PROVI SIONS OF LAW, THE LEARNED ASSESSING OFFICER HAS ACTED ARB ITRARILY & ADDED TOTAL RECEIPTS OF RS3,46,282/- TO ROI OF THE ASSESSED WHI CH IS ACTUALLY RECEIVED ON ACCOUNTS OF TRANSPORT BUSINESS & DEPOSITED INTO SEVA VIKAS BANK A/C NO. 7260 UND I SCLOSED IN THE BOOKS OF ACCOUNTS , THE APPELLANT PRAYS WITHOUT PREJUDICE TO GROUND NO . 1 ABOVE, PROVISIONS OF LAW U/S 44E SHOULD BE APPLIE D AND IF NOT THE APPELLANT SHOULD BE ALLOWED TO CLA I M THE REASONABLE EXPENSES LIKE OIL, DIESEL. REPAIRS & MAINTENANCE, SALARY OF DRIVER, DEPRECIATION. ETC FO R RUNNING TRANSPORT BUSINESS . THE APPELLANT BE GRANTED JUST & PROPER RELIEF I N THIS REGARDS AS PER EXPENSES STATEMENT SUBMITTED ON RECO RDS OF CIT (APPEALS) 6 . VIDE SUBMISS I ON DT. 24/08/2016. 3. ON THE FACTS & CIRCUMSTANCES PREVAILING IN THE CASE & AS PER PROVISIONS OF LAW, THE LEARNED ASSESSING OFFICE IS NOT JUSTIFIED IN DISALLOWING THE APPELLANT CLAIM TOWARDS INTEREST PAID TO SUNDARAM FINANCE. OI L, DIESEL, REPAIRS & MAINTENANCE, SALARY OF DRIVER, DEPRECIATION, ON TRANSPORT VEHICLE AS AN EXPENSES AND ALSO NOT JUSTIFIED OTHERWISE IN NOT ACCEPTING THE APPELLANTS PRAY TO ASSESS THE TRANSPORT RECEIPTS OF RS. 3 , 46,282/- AS PER PROVISIONS OF LAW U/S 44AE WHILE ASSESSING THE INCOME OF APPELLANT. 4. ON THE FACTS & CIRCUMSTANCES PREVAILING IN THE CASE & AS PER PROVISIONS OF LAW, THE LEARNED ASSESSING OFFICE IS NOT JUSTIFIED IN NOT ALLOWING THE APPELLANT TO SET OFF THE LOSS OF SHARE TRADING ACTIVITY WITH MOTILAL OSWAL SECURITIES LTD AMOUNTING TO RS. 804883/- & 6112/- AS UNDISCLOSED BUSINESS LOSS WHICH IS AN FULLY EXPLAINED LOSS FROM SHARE TRADING ACTIVITY AS PER STATEMENTS ISSUED BY MOTILAL OSWAL SECURITIES LTD PERTAINING TO FY 2009 -2010 & FY 2010 - 2011 . 3 ITA NO.416/PUN/2017 3. BEFORE US, LD.A.R. SUBMITTED THAT GROUND NOS.1 TO 3 ARE INTER- CONNECTED AND THEREFORE CONSIDERING HIS SUBMISSIONS, THESE GROUNDS ARE CONSIDERED TOGETHER. 3.1. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, AO NOT ICED THAT ASSESSEE HAD TWO BANK ACCOUNTS I.E., A/C. NOS.7260 AND 86 38 MAINTAINED WITH SEVA VIKAS BANK, PIMPRI BRANCH, PUNE. HE N OTICED THAT ASSESSEE HAS NOT DISCLOSED THESE TWO BANK ACCOUN TS AND ALSO NOT OFFERED THE TRANSACTIONS THEREIN FOR TAX. THE ASSESSEE WAS THEREFORE ASKED TO EXPLAIN THE SOURCE OF THE CREDIT ENTRIES IN THOS E TWO BANK ACCOUNTS. ASSESSEE MADE THE SUBMISSIONS WHICH WERE NO T ACCEPTED BY THE AO. AO FURTHER NOTED THAT SIMILAR ISSUE WAS INVOLV ED IN ASSESSEES OWN CASE FOR A.Y. 2009-10 AND THE AO HAS M ADE THE ADDITION OF THE AMOUNT OF DEPOSITS IN THOSE TWO BANK ACCO UNTS. AO NOTED THAT FOR THE YEAR UNDER CONSIDERATION THE TOTAL C REDITS IN A/C NO.7260, WERE TO THE EXTENT OF RS.9,61,582/-. AFTER CONS IDERING THE SUBMISSIONS OF THE ASSESSEE, THAT THE CREDIT OF RS.6,15,300/ - WAS RECEIVED FROM MOTILAL OSWAL ON ACCOUNT OF REDEMPTION OF IN VESTMENTS IN SHARES AND IN VIEW OF THE SUBMISSION THAT IT WAS ALREADY TAXED IN EARLIER YEAR, AO GRANTED CREDIT OF RS.6,15,300/- AND MADE A DDITION OF RS.3,46,282/-. WITH RESPECT TO THE DEPOSITS IN SAVING BA NK A/C NO.8638, AO NOTED THAT AN AMOUNT OF RS.156/- WAS CRED ITED AND THE SAME WAS ALSO ADDED TO THE INCOME. HE THUS MADE AGGRIG ATE ADDITION OF RS.3,46,438/- (RS.3,46,282/- RS.156/-). AGGRIEVED BY THE OR DER OF AO, ASSESSEE CARRIED THE MATTER BEFORE LD.CIT(A), WHO DISMIS SED THE APPEAL OF THE ASSESSEE BY OBSERVING AS UNDER : 4.1 THE APPELLANT HAD TWO BANK ACCOUNTS WITH SEVA VIKAS BANK, PIMPIRI BRANCH, PUNE (ACCOUNT NO.7260 & 8638) WHICH WERE NOT 4 ITA NO.416/PUN/2017 DISCLOSED TO THE DEPARTMENT AND THE TRANSACTIONS TH EREIN ARE NOT ACCOUNTED IN THE BOOKS OF ACCOUNTS MAINTAINED BY HI M. THERE WERE TOTAL OF RS.9,61,582/- CREDITS IN THE ACCOUNT NO.72 60 AND RS.156/- IN THE ACCOUNT NO.8638. THE AO CONSIDERING THAT AN AMO UNT OF RS.6,15,300/- RECEIVED IN THE FORM OF CHEQUE FROM MOTILAL OSWAL TO BE AMOUNT OF REDEMPTION OF SHARES WHICH WERE TAXED SEP ARATELY AS UNDISCLOSED INVESTMENT IN THE EARLIER YEAR HAD NOT CONSIDERED THE AMOUNT TO BE UNDISCLOSED INCOME. THE BALANCE AMOUNT OF RS.3,46,282/- IS CONSIDERED AS A UNDISCLOSED INCOME OF THE APPELLANT. 4.1.2. THE APPELLANT IN THIS APPEAL HAS SOUGHT TO B IFURCATED THE INFLOWS AND OUTFLOWS INTO THE BANK ACCOUNT UNDER THREE DIFF ERENT HEADS NAMELY, TRANSPORT AND OTHER RECEIPTS, TRANSACTIONS WITH MOTILAL OSWAL SECURITIES LTD AND CASH TRANSACTION HEAD. THE TOTAL INFLOWS AND OUTFLOWS WERE MATCHING LEAVING A SMALL CLOSING BALA NCE. THE APPELLANT CLAIMED THAT IT HAD INCURRED LOSS IN DERIVATIVE TRA NSACTIONS AND REGULAR SHARE TRANSACTION CARRIED THROUGH MOTILAL OSWAL SEC URITIES LTD, BROKER AND CLAIMED THE SHARE IN LOSS TO BE AT RS.8,12,380/ - AND THE DERIVATIVE LOSS AT RS.6,122/- AND SUBMITTED TRANSACTION STATEM ENT IN SUPPORT OF THE SAME. IT FURTHER CLAIMED THAT IN RESPECT OF THE OTHER TRANSPORT RECEIPTS, THE EXPENSES ON DIESEL AND SALARIES, INTE REST ON VEHICLE LOAN AND DEPRECIATION OF THE VEHICLE SHOULD BE PROV IDED AND THE ADDITION SHOULD HAVE BEEN RESTRICTED TO RS.41,298/- . 4.1.2. THE APPELLANT SUBMISSION HAVE BEEN CONSIDER ED AND IT IS FOUND THAT THESE TRANSACTION HAVE NEVER BEEN REFLECTED IN THE BOOKS MAINTAINED BY HIM. SO THE LOSSES SO CLAIMED ON THE SHARE TRANSACTIONS CANNOT BE ALLOWED TO BE CARRIED FORWARD AS THEY HAV E NEVER BEEN PART OF THE REGULAR RETURN FILED BY HIM. THE APPELLANT HAD ALREADY CLAIMED CERTAIN LOSSES IN SHARE TRADING IN RESPECT OF THE R EGULAR RETURN ITSELF. THE APPELLANT DID NOT FILE ANY SUPPORTING EVIDENCE AS TO WHETHER THE TRANSACTIONS STATEMENT NOW FILED INCLUDES ANY OF TH E TRANSACTIONS ALREADY REFLECTED IN THE REGULAR BOOKS. IF THE SHA RE TRADING LOSS ITSELF IS RS.8,12,382/- AND IT IS OUTSIDE THE BOOKS, THE APPE LLANT WOULD HAVE TO PAY THIS AMOUNT TO THE BROKER. THERE IS NO EVIDENC E OF SUCH PAYMENTS HAVE BEEN MADE TO THE BROKER. IN THE ABSENCE OF TH E COMPLETE DETAILS, IT IS DIFFICULT TO ACCEPT THE APPELLANTS CLAIMS. THE METHODOLOGY ADOPTED BY THE AO APPEARS TO BE MOST APPROPRIATE IN THE GIV EN CIRCUMSTANCES. THEREFORE THE ADDITION MADE BY THE AO IS SUSTAINED. AGGRIEVED BY THE ORDER OF LD.CIT(A), ASSESSEE IS NOW IN APPEAL. 4. BEFORE ME, LD.A.R. REITERATED THE SUBMISSIONS MADE BEFORE AO AND LD.CIT(A) AND FURTHER SUBMITTED THAT ASSESSEE HAD ON E LIGHT TRANSPORT VEHICLE WHICH WAS USED FOR TRANSPORTATION BUSIN ESS. HE SUBMITTED THAT ASSESSEE HAD NOT MAINTAINED THE BOOKS OF ACCOUNTS OF TRANSPORT BUSINESS. HE SUBMITTED THAT THE CREDIT IN BAN K ACCOUNT NO.7260 REPRESENTED RECEIPTS FROM TRANSPORT BUSINESS. HE SUBMITTED THAT AO SHOULD HAVE GRANTED REASONABLE EXPENSES LIKE D IESEL, OIL, 5 ITA NO.416/PUN/2017 REPAIRS AND MAINTENANCE ETC., AGAINST THE RECEIPTS AND ON LY THE BALANCE AMOUNT SHOULD HAVE BEEN ADDED TO INCOME. IN TH E ALTERNATIVE, INCOME SHOULD HAVE BEEN DETERMINED AS PER PR OVISIONS OF 44AE OF THE ACT. HE THEREFORE SUBMITTED THAT THE ADDITIO N BE DELETED OR IN THE ALTERNATE, THE MATTER BE REMITTED TO AO. HE FU RTHER SUBMITTED THAT ON IDENTICAL ISSUE IN ASSESSEES CASE IN A .Y. 2009-10, SIMILAR GROUND WAS DECIDED AGAINST THE ASSESSEE BY THE H ONBLE ITAT BUT ASSESSEE HAS FILED AN MISCELLANEOUS APPLICATION. LD.D.R. ON THE OTHER HAND, SUPPORTED THE ORDER OF LOWER AUTHORITIES AN D SUBMITTED THAT IN EARLIER YEAR ON IDENTICAL FACTS, THE GROUND WAS DISM ISSED BY ITAT. 5. I HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATER IAL ON RECORD. THE ISSUE IN THE PRESENT GROUND IS WITH RESPECT TO ADDITION MADE ON ACCOUNT OF UNEXPLAINED DEPOSITS IN THE BANK AC COUNT WHICH WAS NOT DISCLOSED BY ASSESSEE. BEFORE ME, IT IS LD.A.R.S CO NTENTION THAT THE RECEIPTS IN THE AFORESAID BANK ACCOUNT REPRESE NTS CREDITS OF TRANSPORTATION BUSINESS AND THE AO SHOULD HAVE GRANTED CREDIT FOR EXPENSES RELATING TO TRANSPORTATION BUSINESS OR IN THE A LTERNATIVE, INCOME SHOULD HAVE BEEN DETERMINED AS PER PROVISIONS OF SECTION 44AE OF THE ACT. I FIND THAT IDENTICAL ISSUE AROSE IN ASSE SSEES OWN CASE IN A.Y. 2009-10. THE GROUND WAS DECIDED AGAINST THE ASSESSEE BY THE TRIBUNAL VIDE ORDER DT.31.10.2017 IN ITA NO.1346/PUN /2014 BY OBSERVING AS UNDER : 12. THE ISSUE IN GROUND OF APPEAL NO.3 RAISED BY T HE ASSESSEE IS IN NOT APPLYING THE PROVISIONS OF SECTION 44AE OF THE ACT TO ASSESS THE TRANSPORT RECEIPTS IN THE HANDS OF ASSESSEE AND THE REAFTER, NOT ALLOWING THE INTEREST PAID TO SUNDARAM FINANCE & DEPRECIATIO N ON TRANSPORT VEHICLES. THE ASSESSEE HAD FAILED TO FURNISH THE DE TAILS OF VEHICLES OWNED. THE ASSESSEE HAD FAILED TO FURNISH ANY PROOF OF OWNERSHIP OR 6 ITA NO.416/PUN/2017 USE OF VEHICLES AS WELL AS EARNING OF INCOME WITH D OCUMENTARY EVIDENCE IN RESPECT OF TRANSPORT BUSINESS. HENCE, THE CLAIM OF DEPRECIATION AS WELL AS BANK INTEREST ON VEHICLES LOAN WAS NOT ACCE PTED BY THE ASSESSING OFFICER AND THE CIT(A). EVEN BEFORE US, T HE ASSESSEE HAS FAILED TO FURNISH ANY EVIDENCE IN THIS REGARD AND I N THE ABSENCE OF THE SAME, WE FIND NO MERIT IN THE GROUND OF APPEAL NO.3 RAISED BY THE ASSESSEE . BEFORE ME, LD.A.R. HAS NOT FURNISHED ANY DETAILS OF THE VEHICLE OWNED BY HIM AND THE PLEA OF GRANTING CREDIT FOR EXPENSES IS ALSO WITHOUT ANY DOCUMENTARY EVIDENCE. FURTHER THE LD.A.R. HAS NOT CONT ROVERTED THE FINDINGS OF ITAT IN ASSESSEES OWN CASE FOR A.Y. 2009-10. FU RTHER, MERE FILING OF MISCELLANEOUS APPLICATION AGAINST THE EARLIER YEA RS ORDER CANNOT BE A GROUND FOR TAKING A DIFFERENT VIEW. IN VIEW OF THE AFORESAID FACTS, I FIND NO REASON TO INTERFERE WITH THE ORDE R OF LD.CIT(A) AND THUS, THE GROUND OF ASSESSEE IS DISMISSED. 6. GROUND NO.4 IS WITH RESPECT TO NOT ALLOWING THE SET OFF OF LOSS OF SHARE TRADING ACTIVITY. 6.1. IT IS ASSESSEES CONTENTION THAT HE WAS TRADING IN SHARES THROUGH MOTILAL OSWAL SECURITIES AND THE TRANSACTIONS WERE DONE THROUGH BANK A/C NO.7260 MAINTAINED WITH SEVA VIKAS, WHICH WAS NOT DISCLOSED BY ASSESSEE. AS PER ASSESSEE, HE HAD INCU RRED SHARE TRADING LOSS OF RS.8,12,380/- AND DERIVATIVE TRADING LOSS OF RS.6,122/-. AO WHILE CONSIDERING THE UNDISCLOSED INCOME FROM THE AFORESAID BANK ACCOUNT DID NOT GRANT CREDIT FOR THE AFORE SAID BUSINESS LOSS. WHEN THE MATTER CAME BEFORE LD.CIT(A), LD.CIT(A) UPHELD THE ORDER OF AO. AGGRIEVED BY THE ORDER OF LD.CIT(A), ASSESSEE IS NOW IN APPEAL. 7 ITA NO.416/PUN/2017 7. BEFORE ME, LD.A.R. REITERATED THE SUBMISSIONS MADE BEFORE AO AND LD.CIT(A) AND FURTHER SUBMITTED THAT THE SHARE TRADIN G AND DERIVATIVE BUSINESS WAS DONE THROUGH THE UNDISCLOSED BAN K ACCOUNT AND THEREFORE THE LOSS INCURRED IN SHARE TRADING ACTIVITY SHOULD HAVE BEEN ALLOWED TO BE SET OFF U/S 70 AND 71 OF THE ACT. LD.D. R. ON THE OTHER HAND, SUPPORTED THE ORDER OF LOWER AUTHORITIES AND FURTHER SUBMITTED THAT ON IDENTICAL FACTS IN ASSESSEES OWN CASE FOR A.Y. 2009- 10, THE MATTER WAS REMITTED BACK TO AO BY ITAT. 8. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE M ATERIAL ON RECORD. I FIND THAT IDENTICAL CLAIM OF LOSS FROM TRADING ACTIV ITY OF SHARES AND DERIVATIVES WAS MADE BY ASSESSEE IN A.Y. 2009 -10 BEFORE ITAT. THE CO-ORDINATE BENCH OF THE TRIBUNAL RESTORED THE MATTE R BACK TO AO WITH THE NECESSARY DIRECTIONS. THE OBSERVATIONS O F ITAT IN A.Y. 2009-10 ARE AS UNDER : 15. ON PERUSAL OF RECORD, WE FIND THAT INCOME HAS BEEN ASSESSED IN THE HANDS OF ASSESSEE ON THE BASIS OF ENTRIES IN UN DISCLOSED BANK ACCOUNTS, WHEREIN THE DEPOSITS WERE BOTH IN CHEQUE AND CASH. THE ASSESSING OFFICER AND THE CIT(A) ALSO NOTED THAT TH E ASSESSEE HAD MADE APPLICATION OF FUNDS TO THE EXTENT OF RS.31,31 ,246/- IN SHARES AND THERE WAS PAYMENT TO SUNDARAM FINANCE OF RS.1,4 4,000/-. THE ASSESSING OFFICER THUS, ADDED SUM OF RS.32,75,246/- ON THE BASIS OF INVESTMENTS MADE. HOWEVER, BEFORE THE CIT(A), THE A SSESSEE POINTED OUT THAT THE ASSESSING OFFICER HAS NOT APPLIED CONS ISTENT APPROACH. HE FILED RECONCILIATION BEFORE THE CIT(A), WHICH WAS A CCEPTED BY HIM AND THE ADDITION WAS RESTRICTED TO RS.18,69,439/-. THE ASSESSEE IS NOT IN APPEAL AGAINST THE AFORESAID ADDITION. HOWEVER, THE ASSESSEE CLAIMS THAT OUT OF THE SAID ACCOUNT, IT HAD MADE INVESTMEN TS AND HAS INCURRED LOSSES ON ACCOUNT OF SHARE TRADING AND DERIVATIVES. IN THE TOTALITY OF THE ABOVE SAID FACTS AND CIRCUMSTANCES, WE DEEM IT FIT TO RESTORE THIS ISSUE BACK TO THE FILE OF ASSESSING OFFICER, WHO SHALL CO NSIDER THE CLAIM OF ASSESSEE AND DECIDE THE ISSUE IN ACCORDANCE WITH LA W. THE ASSESSING OFFICER SHALL AFFORD REASONABLE OPPORTUNITY OF BEIN G HEARD TO THE ASSESSEE. THE GROUND OF APPEAL NO.4 RAISED BY THE A SSESSEE IS THUS, ALLOWED AS INDICATED ABOVE. THE GROUNDS OF APPEAL A ND ADDITIONAL GROUNDS OF APPEAL ARE THUS, PARTLY ALLOWED AS INDIC ATED ABOVE. 8 ITA NO.416/PUN/2017 I FIND THE ISSUE RAISED IN THE PRESENT GROUND IS IDENTICAL T O THAT OF A.Y. 2009-10. I THEREFORE FOR SIMILAR REASONS AND WITH SIMILAR DIRE CTIONS, RESTORE THE ISSUE TO AO TO DECIDE THE ISSUE. NEEDLESS T O STATE THAT AO SHALL GRANT ADEQUATE OPPORTUNITY OF HEARING TO THE ASSES SEE. ASSESSEE IS ALSO DIRECTED TO CO-OPERATE WITH AO BY PROMPTLY FURNIS HING ALL THE REQUIRED DOCUMENTS AS CALLED FOR BY AO. THUS, THE GROUND OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED ON 1 ST DAY OF NOVEMBER, 2018. SD/ - ( ANIL CHATURVEDI ) ' / ACCOUNTANT MEMBER PUNE; DATED : 1 ST NOVEMBER, 2018. YAMINI #$%&'(' % / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. 4. 5 6. THE CIT(A)-6, PUNE. THE PR.CIT(5), PUNE. '#$ %%&',) &', *+ / DR, ITAT, SMC PUNE; $-.// GUARD FILE. / BY ORDER // TRUE COPY // 012%3&4 / SR. PRIVATE SECRETARY ) &', / ITAT, PUNE.