DCIT 1(1), Indore V. Shri Deepak Baman , Indore

ITA 457/Ind/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2557 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2020
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 11-05-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: K G GOYAL
• Keywords: Opportunity of being heard; Set aside
• Section: 143(1); 143(2); 144

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE HON'BLE KUL BHARAT, JUDICIAL MEMBER AND HON'BLE MANISH BORAD, ACCOUNTANT MEMBER ITA NO 457/IND/2018 ASSESSMENT YEAR 2013-14 REVENUE BY SHRI K.G. GOYAL ASSESSEE BY NONE DATE OF HEARING 1 2 . 0 3 .20 20 DATE OF PRONOUNCEMENT 18 . 03. 20 20 O R D E R PER MANISH BORAD, AM THE ABOVE CAPTIONED APPEAL FILED AT THE INSTANCE OF REVENUE PERTAINING TO ASSESSMENT YEAR 2013-14 IS DIRECTED AGAINST THE ORDERS OF LD. COMMISSIONER OF INCOME TAX (APPEALS)- 1 (IN SHORT LD.CIT(A)], INDORE DATED 22.02.2018 WHICH IS AR ISING OUT OF THE ORDER U/S 144 OF THE ACT DATED 23.03.2016 FRAMED B Y DCIT-1(1), INDORE. D CIT 1(1), INDORE VS. SHRI DEEPAK BAMAN, 1849-D, SUDAMA NAGAR, INDORE ( REVENUE ) ( RESPONDENT ) PAN ABLPB5609Q DEEPAK BAMAN ITA NO.457/IND/2018 2 2. REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL:- 1.O N THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE TH E CIT(A) HAS ERRED IN DELETING THE COMPLETE CASH DEPOSITED IN BANK FOR RS. 1,17,32,400/- AS INCOME OF THE ASSESSEE AND FURTHE R AMOUNT OF RS. 1,07,00,000/- OF CASH DEPOSITS AS PER CIB TRAN SACTION RECEIVED IN THIS OFFICE. 2. O N THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE TH E CIT(A) HAS ERRED IN DELETING THE ADDITION OF THE BROKERAG E OF RS. 8,46,193/- ON ACCOUNT OF BROKERAGE EXPENSES WHICH WAS NOT DULY EXPLAINED DURING THE ASSESSMENT PROCEEDINGS. 3. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE THE CIT(A) IS JUSTIFIED IN IGNORING THE REMAND REPORT OF THE ASSESSING OFFICER IN RESPECT OF ADDITION MADE. THE APPELLANT CRAVES LEAVE TO ADD TO DEDUCT FROM O R OTHERWISE AMEND THE ABOVE GROUNDS OF APPEAL. 3. BRIEF FACTS OF THE CASE AS CULLED OUT FROM THE RECORDS ARE THAT THE ASSESSEE IS AN INDIVIDUAL ENGAGED IN THE BUSINESS OF REAL ESTATE & DEVELOPERS. RETURN OF INCOME FOR ASSESSMENT YEAR 20 13-14 WAS FILED ON 30.9.2013 DECLARING INCOME OF RS.22,34,540/-. TH E CASE WAS SELECTED FOR SCRUTINY AND ASSESSMENT WAS COMPLETED ON 23.03.2016 U/S 144 OF THE I.T. ACT ASSESSING TOTAL INCOME AT R S.2,58,23,250/- BY MAKING VARIOUS ADDITIONS. AGGRIEVED ASSESSEE PREFER RED APPEAL BEFORE DEEPAK BAMAN ITA NO.457/IND/2018 3 LD. CIT(A) AND PARTLY SUCCEED. 5. NOW THE REVENUE ASSESSEE IS IN APPEAL BEFORE THE TR IBUNAL AGAINST THE DELETION OF ADDITION FOR CASH DEPOSITED IN BANK FOR RS.1,17,32,400/ AND RS.1,07,00,000/- AS PER CIB TRA NSACTION AND ALSO DELETING BROKERAGE OF RS.8,46,193/-. 6 . WHEN THE CASE WAS CALLED NONE APPEARED ON BEHALF OF THE ASSESSEE. EVEN IN THE PAST ON VARIOUS DATES OF HEAR ING 15.5.19, 22.8.19, 17.10.19, 9.12.19 AND ON 12.3.2020 NONE HA S APPEARED ON BEHALF OF THE ASSESSEE. IT WAS THUS DECIDED TO HEAR THE APPEAL WITH THE ASSISTANCE OF LD. DEPARTMENTAL REPRESENTATIVE A ND THE AVAILABLE RECORDS. 7. AT THE OUTSET LD. DEPARTMENTAL REPRESENTATIVE SUBM ITTED THAT THE ORDER OF THE LD. A.O HAS PASSED ORDER U/S 144 O F THE ACT AND IT SHOWS THAT THE ASSESSEE DID NOT APPEAR ON ANY OF TH E DATE OF HEARING AND NO INFORMATION WERE PROVIDED AS ASKED BY THE LD . A.O. DURING THE COURSE OF APPELLATE PROCEEDINGS LD. CIT(A) FAIL ED TO CALLED FOR ANY REMAND REPORT. THERE IS NO FACT ON RECORD TO SHOW THAT THE BANK ACCOUNT HELD BY THE ASSESSEE IN WHICH CASH HAS BEEN DEPOSITED IS DEEPAK BAMAN ITA NO.457/IND/2018 4 DULY ACCOUNTED FOR IN THE BOOKS OF ACCOUNTS. REQUE ST WAS MADE TO SET ASIDE THE ISSUE TO LD. CIT(A) FOR DECIDING AFRE SH. 8. WE HAVE HEARD RIVAL CONTENTION AND PERUSED THE REC ORDS PLACED BEFORE US. WE OBSERVE THAT THE ASSESSEE IS A REAL ESTATE DEVELOPER. RETURN OF INCOME WAS FILED ON 30.9.2015 DECLARING I NCOME OF RS. 22,34,540/-. CASE WAS SELECTED FOR SCRUTINY BY WAY OF SERVING NOTICES U/S 143(2) AND 143(1) OF THE ACT AND QUESTIONNAIRE WAS ISSUED. FEW DETAILS WERE FILED THEREAFTER THE LD. COUNSEL FOR T HE ASSESSEE SHOWED HIS UNWILLINGNESS TO CONTINUE AS AUTHORIZED REPRESE NTATIVE OF THE ASSESSEE. SUBSEQUENTLY NOBODY APPEARED ON BEHALF O F THE ASSESSEE NOR ASSESSEE HIMSELF APPEARED. THIS LEFT NO OPTION WITH THE LD. A.O EXCEPT TO PASS AN EX-PARTE ORDER MAKING VARIOUS ADDITIONS. AFTER CONDUCTING ASSESSMENT PROCEEDINGS AND TO ARRIVE AT THE CORRECT INCOME OF THE ASSESSEE IN THE CASES SELECTED FOR SC RUTINY, THE ASSESSEE IS DUTY BOUND TO FURNISH ALL THE INFORMATI ON AND DETAILS TO THE SATISFACTION OF THE LD. A.O WHO IS THE FIRST AU THORITY TO EXAMINE THE DETAILS AND ASSESS CORRECT INCOME. 9. THE ASSESSEE HAS NOT APPEARED BEFORE LD. A.O BUT S UBSEQUENTLY HE APPEARED BEFORE LD. CIT(A) WHO ALSO IN THE INSTA NT CASE HAS NOT DEEPAK BAMAN ITA NO.457/IND/2018 5 GIVEN ANY REFERENCE OF REMAND REPORT WHICH HE SHOUL D HAVE BEEN TAKEN FROM THE LD. A.O BEFORE DECIDING THE ISSUES. 10. IN THE GIVEN FACTS AND CIRCUMSTANCES OF THE CASE W E ARE OF THE VIEW THAT IN THE INTEREST OF JUSTICE AND FAIR PLAY ALL THE ISSUES RAISED BY THE REVENUE IN THIS APPEAL NEEDS TO BE SET ASID E TO THE FILE OF LD. A.O FOR AFRESH EXAMINATION AND PASSING DENOVO ASSESSMENT ORDER. NEEDLESS TO MENTION THAT REASONABLE OPPORTUNITY OF BEING HEARD IS TO BE PROVIDED TO THE ASSESSEE BUT IN CASE THE ASSESSE E DO NOT APPEAR IN PERSON OR THROUGH AUTHORIZED REPRESENTATIVE IN THE SECOND ROUND ON FIRST THREE DATES OF HEARING EXCEPT FOR UNAVOIDA BLE CIRCUMSTANCES, THE LD. A.O WILL BE AT LIBERTY TO GO AHEAD AND FRAM E THE ASSESSMENT AFTER ASSESSING THE INCOME AS PER THE PROVISIONS OF INCOME TAX ACT. 11. IN THE RESULT APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. THE ORDER PRONOUNCED IN THE OPEN COURT ON 18.03.20 20. SD/- ( KUL BHARAT) SD/- (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER / DATED : 18 MARCH, 2020 /DEV DEEPAK BAMAN ITA NO.457/IND/2018 6 COPY TO: THE APPELLANT/RESPONDENT/CIT CONCERNED/CIT (A) CONCERNED/ DR, ITAT, INDORE/GUARD FILE. BY ORDER, ASSTT.REGISTRAR, I.T.A.T., INDORE