Sri B Bhaktavastal (Ind.), Visakhapatnam V. The DCIT, Circle-3(1), Visakhapatnam

ITA 436/VIZ/2005

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 0628 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-07-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 30-06-2010
• Assessment Year: 2000-2001
• Appeal Filed On: 11-10-2005
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUBRATA SARKAR
• Assessee Lawyers: N O N E
• Keywords: Income from undisclosed sources; Set aside

Judgement Text

ITA NO.431 & 436/VIZAG/2005 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER ITA NO.431/VIZAG/2005 ASSESSMENT YEAR: 2000-01 DCIT, CIRCLE-3(1) VISAKHAPATNAM B. BHAKTHAVATSAL (IND) VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO: ABMPB7670G ITA NO.436/VIZAG/2005 ASSESSMENT YEAR: 2000-01 B. BHAKTHAVATSAL (IND) VISAKHAPATNAM DCIT, CIRCLE-3(1) VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) DEPARTMENT BY: SHRI SUBRATA SARKAR, DR ASSESSEE BY: N O N E ORDER PER SHRI B. R. BASKARAN, ACCOUNTANT MEMBER: THE CROSS APPEALS ARE DIRECTED AGAINST THE ORDER D ATED 12.8.2005 PASSED BY LD. CIT(A)-I, VISAKHAPATNAM AND THEY RELA TE TO THE ASSESSMENT YEAR 2000-01. BOTH THE APPEALS WERE POSTED FOR SEV ERAL TIMES, BUT THE ASSESSEE HAS FAILED IN ALL OCCASIONS TO APPEAR EITH ER IN PERSON OR THROUGH AUTHORIZED REPRESENTATIVE. A COST OF RS.2,000/- WA S IMPOSED ON 31.5.10 AND AGAIN A COST OF RS.5,000/- WAS IMPOSED ON 30.6. 2010. THOUGH THE ASSESSEE PAID THE COSTS SO IMPOSED, YET HE FAILED T O APPEAR ON THE DATE OF HEARING. HENCE WE PROCEED TO DISPOSE OF THESE TWO APPEALS EX PARTE, QUA THE ASSESSEE. 2. THE ADDITIONS MADE BY THE ASSESSING OFFICER IN THE EX-PARTE ORDER TOWARDS INCOME FROM UNDISCLOSED SOURCES, HAVING BEE N DELETED PARTIALLY BY LEARNED CIT(A), BOTH THE PARTIES ARE IN APPEAL BEFO RE US. ITA NO.431 & 436/VIZAG/2005 PAGE 2 OF 2 3. ACCORDING TO LEARNED DEPARTMENTAL REPRESENTA TIVE, ON IDENTICAL ISSUES, THE TRIBUNAL HAS PASSED A CONSOLIDATED ORDE R DATED 15.2.2007 IN ITA NO.\451/VIZAG/2005 IN THE CASE OF M/S MANASA ORGANI CS LTD., AND ALSO IN ITA NO.430/VIZAG/2005 IN THE CASE OF B.BHAKTHAVATSA L (HUF). LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ISSU ES, IN THAT CASE WERE SET ASIDE TO THE FILE OF THE LEARNED CIT(A) FOR AFF ORDING NECESSARY OPPORTUNITY TO THE ASSESSEE AND TO TAKE DECISION AF RESH. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS ALSO FILED WRITTEN SUBMISSIONS ON SIMILAR LINES. IN VIEW OF THE ABOVE, WE SET ASIDE THE ORDE R PASSED BY LEARNED CIT(A) AND RESTORE THE ISSUES BACK HIS FILE TO DECI DE THE ISSUES IN ACCORDANCE WITH THE DIRECTIONS GIVEN BY THE TRIBUNA L IN ITS ORDER DATED 15.2.2007 CITED ABOVE. 4. IN THE RESULT, THE APPEALS OF THE REVENUE AS WELL AS THAT OF THE ASSESSEE ARE TREATED AS ALLOWED FOR STATISTICAL PUR POSES. PRONOUNCED IN THE OPEN COURT ON 02/07/2010. SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM, DATE: 2 ND JULY, 2010 COPY TO 1 DCIT, CIRCLE-3(1), VISAKHAPATNAM 2 SRI B. BHAKTHAVATSAL (IND), MD, M/S. MANASA ORGAN ICS PVT. LTD., D.NO.49-24-55, MADHURANAGAR, VISAKHAPATNAM 3 4. THE CIT VISAKHAPATNAM THE CIT(A)-I, VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM