Late Inderdeo Prasad, Jamshepur V. ITO, Jamshepur

ITA 43/RAN/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 85442 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2014
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 15-04-2013
• Court: TRIBUNAL
• Keywords: Opportunity of being heard

Judgement Text

INCOME TAX APPELLATE TRIBUNAL, CIRCUIT BENCH, RANCHI BEFORE HON'BLE SHRI H.L. KARWA, PRESIDENT , AND HON'BLE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO. 43 /RAN/1 3 A.Y 200 8 - 09 LATE INDRADEO PRASAD VS. I.T.O, WARD - 2 , RANGE - 1,JSR L/H SMT. DOLLY DEVI PAN: ABYPP2072N ( APPELLANT ) ( RESPONDENT ) FOR THE APPELLANT : S/ SHRI S.K PODDAR & M.K CHOUDHARY, ADVOCTE S , LD.AR S FOR THE RESPONDENT : SHRI CHOUDHARY OR AM, JCIT/LD.DR DATE OF HEARING : 25 - 11 - 2014 DATE OF PRONOUNCEMENT: 25 - 11 - 2014 ORDER SHRI B.R. BASKARAN, ACCOUNTANT MEMBER : IN THIS APPEAL, THE ASSESSEE IS CHALLENGING THE ORDER DATED 29 - 01 - 2013 PASSED BY LD CIT(A) FOR ASSESSMENT YEAR 2008 - 09 BY CONFIRMING THE ADDITION OF RS.27,11,580/ - PERTAINING TO UNEXPLAINED DEPOSITS. 2. AT THE TIME OF HEARING, THE LD A.R SUBMITTED A DETAILED CHART SHOWI NG THE OPENING BALANCE IN VARIOUS BANK ACCOUNTS, THE AGGREGATE AMOUNT OF DEPOSITS MADE DURING THE YEAR, AGGREGATE AMOUNT OF WITHDRAWALS MADE DURING THE YEAR AND THE CLOSING BALANCE AS ON 31.3.2008. ACCORDING TO LD A.R, THE AGGREGATE AMOUNT OF DEPOSITS M ADE BY WAY OF CASH WAS ONLY RS.13,12,185/ - AND HE FURTHER SUBMITTED THAT THE SAME CAN ALSO BE PROPERLY EXPLAINED. ACCORDINGLY, HE SUBMITTED THAT THE IMPUGNED ISSUE MAY BE SET ASIDE TO THE FILE OF THE ASSESSING OFFICER FOR CARRYING OUT NECESSARY VERIFICATI ON. THE LD D.R ALSO DID NOT OBJECT TO THE PLEA MADE BY LD A.R. 3. HAVING REGARD TO THE SUBMISSIONS MADE BY BOTH THE PARTIES, WE ARE OF THE VIEW THAT THE ISSUE CONTESTED BEFORE US REQUIRES FRESH EXAMINATION IN THE LIGHT OF SUBMISSIONS MADE BY LD A.R. ACC ORDINGLY, WE SET ASIDE THE ORDER OF LD CIT(A) ON THE ABOVE SAID ISSUE AND RESTORE THE SAME TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO EXAMINE THE SAME AFRESH IN THE LIGHT OF THE SUBMISSIONS NOW MADE AND/ OR THAT MAY BE MADE BEFORE HIM AND AL SO BY DULY CONSIDERING THE CHART/EVIDENCES THAT MAY BE FILED BEFORE HIM. AFTER AFFORDING NECESSARY OPPORTUNITY OF BEING HEARD TO THE ASSESSEE, THE AO MAKE TAKE APPROPRIATE DECISION IN ACCORDANCE WITH THE LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 25 - 11 - 2014 SD/ - SD/ - [ H.L. KARWA ] [ B.R. BASKARAN ] PR ESIDENT ACCOUNTANT MEMBER DATE: 25 .11.2014 PLACE : RANCHI PP, SPS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT : SMT. DOLLY DEVI M/S. JANATA VEGETABLE MERCHANT , TANK ROAD, SAKCHI, JSR 831001. 2 THE RESPONDENT: I T O, W 2 , RANGE 1,JSR 47CH AREA BISTUPUR,JSR 831001 3..THE CIT, 4.THE CIT(A), 5.DR, ITAT CIRCUIT BENCH, RANCHI 6. GUARD FILE. TRUE COPY, BY ORDER, ASSTT. REGISTRAR 1. DATE OF DICTATION .............25 - 11 - 2014...................... . 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER ........................OTHER MEMBER .......26 - 11 - 2014........................ 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. ..................... 4. DATE ON WHICH TH E FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT...................25 - 11 - 14 .................................................................. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S ................ 6. DATE ON WHI CH THE FILE GOES TO THE BENCH CLERK ....................................... 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ......................................... 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER ................................................................................................. 9. DATE OF DESPATCH OF THE ORDER ..............................................................