Bharati Sanjay Namdeo, Nashik V. ITO,Wd. 3(4), Malegaon

ITA 448/PUN/2005

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 49879 (ITAT-PUNE)
• Duration Of Justice: 6 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 18-05-2011
• Assessment Year: 2001-2002
• Appeal Filed On: 14-02-2005
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANDEEP PRADHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE SHRI I.C. SUDHIR (JM) AND SHRI D. KARUNAKARA RAO (AM) ITA NO.448/PN/2005 (ASSTT. YEAR : 2001-02) BHA RTI SANJAY NAMDEO ... APPELLANT GAT NO.771, SATANA PIMPALDAR RD, MALGAONPAN : NOT AVAILABLE V. I.T.O, WARD 3(4), MALEGAON, NASHIK RESPONDENT APPELLANT BY : SHRI M.K. KULKARNI RESPONDENT BY : SHRI SANDEEP PRADHAN ORDER PER I.C. SUDHIR, JM ITA NO. 1331 AND 1332/PN/2006 THE ASSESSEE HAS QUESTIONED FIRST APPELLATE ORDER ON SEVERAL GROUNDS. AT THE OUTSET OF HEARING, THE LD. A.R. SU BMITTED THAT THOUGH LD CIT(A) HAS APPRECIATED THE CO-OPERATION OF THE ASSE SSEE WITH THE A.O AT PAGE NO. 5 OF THE FIRST APPELLATE ORDER, BUT HE HAS FAILED TO APPRECIATE THE SUBMISSION MADE BY THE ASSESSEE EXPLAINING THE ERRO R IN MAKING THE ADDITIONS BY THE A.O. HE SUBMITTED THAT THE LD CI T(A) HAS ALSO ERRED ON THE EXPLANATION OF THE ASSESSEE REGARDING OBJECTION RAISED AGAINST THE ADDITION OF RS. 8,50,861/- ON ACCOUNT OF UNEXPLAINE D PURCHASE VALUE OF CHICKS. THE LD CIT(A) HAD FORWARDED THE WRITTEN SUB MISSION OF THE ASSESSEE TO THE A.O AND REMAND REPORT WAS CALLED FO R BUT WHILE DEALING WITH THE ISSUE, HE FAILED TO APPRECIATE THE REMAND REPORT, WHEREIN THE EXPLANATION OF THE ASSESSEE WAS FOUND CORRECT EXCEP T THE TRANSFER OF D/O BROILER CHICKS IN WHICH THE DIFFERENCE WAS OF RS.85 71/- ONLY. HE SUBMITTED THAT THE LD CIT(A) HAS ADOPTED SIMILAR T YPE OF APPROACH REGARDING OTHER ADDITION OF RS. 2,30,000/- MADE BY THE A.O ON ACCOUNT OF UNDER VALUATION OF CLOSING STOCK, ADHOC ADDITION O F RS.6,50,000/-, ITA . NO 448/PN/2005 BHARTI SANJAY NAMDEO, A.Y 2001-02 PAGE OF 3 2 DISALLOWANCE OF RS.2,66,982/- ON ACCOUNT OF PROPORT IONATE BANK INTERESTS AND ADDITION OF RS. 75,000/- AND DISALLOWANCE OF RS .1,18,500/- U/S. 68 OF THE ACT. THE LD. A.R. SUBMITTED THAT THE LD CIT(A) HAS FAILED TO CONSIDER THE WRITTEN SUBMISSION FILED BY THE ASSESSEE EXPLAI NING ITS CASE ON THE ISSUE OF ABOVE ADDITIONS AND THE REMAND REPORT FURN ISHED BY THE A.O THERETO BY PASSING AN SPEAKING ORDER ON THE ISSUES. 2. THE LD. D.R. TRIED TO JUSTIFY THE FIRST APPELLAT E ORDER ON THE ISSUES, BUT CONSIDERING THE ABOVE SUBMISSIONS, WE PRIMA FAC IE, AGREE WITH THE CONTENTION OF THE LD. A.R. THAT WRITTEN SUBMISSION OF THE ASSESSEE MADE BEFORE THE AUTHORITIES BELOW HAS NOT BEEN PROPERLY ADDRESSED BY THE LD CIT(A) IN VIEW OF THE REMAND REPORT FILED BY A.O TH ERETO, BEFORE HIM. UNDER THESE CIRCUMSTANCES, TO MEET OUT INTEREST OF JUSTICE, WE SET ASIDE THE MATTER TO THE FILE OF LD CIT(A) TO CONSIDER THE ISSUE AFRESH BY PASSING AN SPEAKING ORDER AFTER DISCUSSING THE SUBMISSION OF THE ASSESSEE THEREON ALONG WITH REPORT OF THE A.O THERETO. THE GROUNDS ARE THUS ALLOWED FOR STATISTICAL PURPOSES. 3. IN RESULT, APPEAL IS ALLOWED FOR STATISTICAL PUR POSES. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 30TH JUNE 2011. SD/- SD/- ( D. KARUNAKARA RAO ) ACCOUNTANT MEMBER ( I.C. SUDHIR ) JUDICIAL MEMBER PUNE, DATED THE 30TH JUNE, 2011 US COPY OF THE ORDER IS FORWARDED TO : ITA . NO 448/PN/2005 BHARTI SANJAY NAMDEO, A.Y 2001-02 PAGE OF 3 3 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT- II, NASHIK 4. THE CIT(A)- II, NASHIK 5. THE D.R. B BENCH, PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE