Daulatram Govindram Vaswani, Ahmedabad V. ITO, Ward-7(2)(1), Ahmedabad

ITA 438/AHD/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2496 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 15-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Capital asset; Opportunity of being heard
• Section: 271(1)(c); 69; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD (CONDUCTING THROUGH VIRTUAL COURT) BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER ITA NO.438/AHD/2019 (ASSESSMENT YEAR: 2010-11) DAULATRAM GOVINDRAM VASWANI 264/B, SINDHI COLONY, NR. SAIBABA TEMPLE, SARDARNAGAR, AHMEDABAD- 382475 VS. ITO WARD-7(2)(1) AHMEDABAD [PAN NO. AFYPV6934M] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY: SHRI PURUSHOTTAM KUMAR, SR. DR DATE OF HEARING: 06/10/2021 DATE OF PRONOUNCEMENT: 29/10/2021 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL FILED BY THE ASSESSEE IS DIRECT ED AGAINST THE ORDER DATED 28.01.2019 PASSED BY THE LD. CIT(A)-7, AHMEDABAD AR ISING OUT OF THE ORDER DATED 27.09.2017 PASSED BY THE ITO, WARD-7(2)(1), AHMEDAB AD UNDER SECTION 144 R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERR ED AS TO THE ACT) FOR A.Y. 2010- 11. 2. WE HAVE HEARD THE LD. DR. NONE APPEARED ON BEHA LF OF THE ASSESSEE WE HAVE ALSO PERUSED THE RELEVANT MATERIALS AVAILABLE ON RE CORD. 3. IT APPEARS THAT BEFORE THE LD. AO THE ASSESSEE H AS NOT COMPLIED IN SPITE OF BEING SERVED WITH NUMBER OF NOTICES. A SHOW CAUSE NOTICE WAS ISSUED ON 09.08.2017 FOR LEVY PENALTY UNDER SECTION 271(1)(B) OF THE ACT . FACT OF THE ISSUE IS THIS THAT THE ASSESSEE HAS DEPOSITED CASH AMOUNT OF RS. 13,59,378 /- IN HIS BANK ACCOUNT WHICH WAS - 2 - ITA NO.438/AHD/2019 DAULATRAM GOVINDRAM VASWANI VS. IT O A.Y. 2010-11 TREATED AS UNEXPLAINED INCOME OF THE ASSESSEE UNDER SECTION 69 OF THE ACT WHICH WAS, IN TURN, CONFIRMED BY THE LD. CIT(A). PENALTY PROC EEDING UNDER SECTION 271(1)(C) WAS, THEREFORE, INITIATED SEPARATELY FOR FURNISHING INACCURATE PARTICULARS OF INCOME OR CONCEALING PARTICULARS OF INCOME. 4. WHEN THE MATTER WAS TAKEN UP BY US NONE APPEARED ON BEHALF OF THE ASSESSEE, NEITHER ANY ADJOURNMENT WAS SOUGHT FOR. HOWEVER, T AKING INTO CONSIDERATION THE ENTIRETY OF THE FACT AND THE ORDERS PASSED BY THE A UTHORITIES BELOW UNDER SECTION 144 OF THE ACT WE FIND THAT THE ASSESSEE NEEDS TO BE GI VEN A FURTHER OPPORTUNITY OF BEING HEARD TO REPRESENT HIS CASE AND, HENCE, WE SET ASID E THE ISSUE TO THE FILE OF THE LD. AO TO CONSIDER THE SAME AFRESH UPON GIVING AN OPPORTUN ITY OF BEING HEARD TO THE ASSESSEE AND UPON CONSIDERING THE EVIDENCE WHICH THE ASSESSE E MAY CHOOSE TO FILE AT THE TIME OF HEARING OF THE MATTER. ASSESSEES APPEAL IS, TH US, ALLOWED FOR STATISTICAL PURPOSE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER PRONOUNCED IN OPEN COURT ON 29/10/2021 SD/- SD/- (AMARJIT SINGH) (MS. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 29/10/2021 TANMAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE PCIT- AHMEDABAD. 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / ( DY./ASSTT. REGISTRAR) !, #$ / ITAT, AHMEDABAD