ACIT, Jaipur V. RAJESH AGARWAL, Jaipur

ITA 437/JPR/2011

• Counselvise Citation: 43723114 RSA 2011
• Duration Of Justice: 3 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 05-04-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 10-05-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS NEENA JEPH
• Keywords: Opportunity of being heard; Assessment record
• Section: 142(1); 144

Judgement Text

IN THE INCOMETAX APPELLATE TRIBUNAL JAIPUR BENCH: JAIPUR (BEFORE SHRI R.P. TOLANI AND SHRI T.R. MEENA) I.T.A. NO. 437/JP/2011 ASSTT. YEAR- 2005-06 PAN NO. AERPA 3915 M THE A.C.I.T. SHRI RAJESH AGARWAL CIRCLE-1, JAIPUR. VRS. PROP. M/S YES ELECTRONICS B-11, JEEVAN VIHAR COMPLEX, NEW COLONY, NEAR PANCH BATTI, M.I. ROAD, JAIPUR. (APPELLANT) (RESPONDENT) DEPARTMENT BY :- MRS. NEENA JEPH. ASSESSEE BY :- SHRI S.L. JAIN. DATE OF HEARING : 30/09/2014 DATE OF PRONOUNCEMENT : 14/11/2014 O R D E R PER: T.R. MEENA, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER DATED 25/02/2011 OF THE LEARNED CIT(A)-I, JAIPUR FOR THE A .Y. 2005-06. THE SOLE GROUND OF APPEAL IS AS UNDER:- (I) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LEARNED CIT(A) IS JUSTIFIED IN CANCELLING TH E ORDER PASSED U/S 144 OF THE IT ACT, 1961, IGNORING THE FACT THAT STATUTORY NOTICES WERE PROPERLY SERVED AND ADEQUATE OPPORTUNIT Y WAS PROVIDED TO THE ASSESSEE TO EXPLAIN THE CASH DEPOSI TS OF RS. 14,72,684/- IN HIS SAVINGS BANK ACCOUNT. ITA 437/JP/2011 ACIT VS. RAJESH AGARWAL 2 2. THE LEARNED ASSESSING OFFICER OBSERVED THAT THE D EPARTMENT HAD INFORMATION ABOUT CASH DEPOSITED BY THE ASSESSEE IN HIS BANK ACCOUNT WITH IDBI BANK, JAIPUR OF RS. 15 LACS. THE ASSESSING OFFI CER SELECTED THIS CASE OF SCRUTINY AS PER GUIDELINES PRESCRIBED BY THE CBDT. T HE ASSESSEE WAS GIVEN NOTICE U/S 142(1) OF THE INCOME TAX ACT, 1961 (IN SH ORT THE ACT) TO FILE THE RETURN BY THE ASSESSEE. HE GAVE VARIOUS NOTICES TO THE ASSESSEE TO FILE THE RETURN AND ALSO SCRUTINIZED THE CASE BUT THE ASSESS EE NEVER APPEARED BEFORE THE ASSESSING OFFICER. HE MADE ADDITION OF RS. 15 L ACS IN THE INCOME OF THE ASSESSEE. AS THE CASE WAS BARRED BY LIMITATION ON 31 /12/2007. 3. BEING AGGRIEVED BY THE ORDER OF THE LEARNED ASSE SSING OFFICER, THE ASSESSEE CARRIED THE MATTER BEFORE THE LEARNED CIT( A), WHO HAD ALLOWED THE APPEAL ON THE BASIS OF SUBMISSION MADE BY THE APPEL LANT WITHOUT GIVING ANY OPPORTUNITY TO THE A.O.. THE CASE WAS TRANSFERRED U/S 127 OF THE ACT BY THE CHIEF COMMISSIONER OF INCOME TAX VIDE NOTIFICATION N O. 4 OF 2007 DATED 25/7/2007, THEREFORE, THE ACIT HAVE PROPER JURISDICT ION OF THIS CASE AND AS PER ASSESSMENT ORDER, THE NOTICE WAS DULY SERVED ON 19/9 /2007 ON THE ASSESSEE. WHATEVER, SUBMISSION MADE BY THE ASSESSEE BEFORE TH E LEARNED CIT(A), HAS ACCEPTED WITHOUT APPRECIATING THE FACTS MENTIONED IN THE ASSESSMENT ORDER AND NO OPPORTUNITY HAS BEEN GIVEN TO THE ASSESSING OFFICER AND HE ALSO HAS NOT VERIFIED THE ASSESSMENT RECORD WITH THE SUBMISSI ON MADE BY THE APPELLANT. THEREFORE, WE SET ASIDE THE ORDER OF THE LEARNED CIT( A) TO THE LEARNED ITA 437/JP/2011 ACIT VS. RAJESH AGARWAL 3 ASSESSING OFFICER. THE ASSESSING OFFICER IS DIRECTED TO GIVE REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND THE ASSESSEE IS ALSO DIRECTED TO COOPERATE AND PRODUCE ALL THE EVIDENCES TO REASSESS THE INCOME AS PER LAW. 4. IN THE RESULT, THE REVENUES APPEAL IS ALLOWED FO R STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT ON 14/11/2014. SD/- SD/- (R.P. TOLANI) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR, DATED : 14 TH NOVEMBER, 2014 * RANJAN COPY FORWARDED TO :- 1. THE ACIT, CIRCLE-1, JAIPUR. 2. SHRI RAJESH AGARWAL, JAIPUR. 3. THE CIT (A) 4. THE CIT 5. THE D/R GUARD FILE (I.T.A. NO. 437/JP/2011) BY ORDER, AR ITAT JAIPUR.