ALPANA JAIN, BHAYENDER V. DCIT CC 1 (1), Mumbai

ITA 4982/MUM/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5012 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 29-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Principle of natural justice; Additional evidence; Set aside
• Section: 68; 132

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL “A” Bench, Mumbai Shri B.R. Baskaran (AM) & Smt. Kavitha Rajagopal (JM) I.T.A. No. 4982/Mum/2019 (A.Y. 2013-14) I.T.A. No. 4983/Mum/2019 (A.Y. 2014-15) Alpana Jain A-208, 2 nd Floor Ostwal Onyx Jesal Park, Bhayander Thane-401 105. PAN : AEDPJ6847B Vs. DCIT,CC-1(1) Room No. 903 9 th Floor Pratishtha Bhavan Old CGO Building M.K. Road Mumbai-400 020. (Appellant) (Respondent) Assessee by Shri Suchek Anchaliya Department by Ms. Shailja Rai Date of Hearing 14.07.2022 Date of Pronouncement 21.07.2022 O R D E R Per B.R. Baskaran (AM) :- Both the appeals filed by the assessee are directed against the orders passed by Learned CIT(A) – 47, Mumbai and they relate to the assessment years 2013-14 and 2014-15. 2. In assessment year 2013-14, the assessee is contesting the addition of Rs.4,90,000/- made u/s 68 of the Act. In AY 2014-15, the assessee is contesting the addition of Rs.17,14,000/- made u/s 68 and the addition of Rs.61,640/- relating to silver utensils/articles/coins. 3. At the outset, the Ld A.R submitted that the cases of the assessee were earlier handled by another chartered accountant. He submitted that the assessee is a house wife. She is sister in law of Shri Praveen Kumar Jain, who was subjected to search and seizure operations u/s 132 of the Act. Consequent thereto, the assessments have been framed in the hands of the assessee herein and the additions mentioned above have been sustained in her Alpana Jain 2 hands in the years under consideration. The Ld A.R submitted that the earlier counsel, who represented the case, has furnished only confirmation letters in support of the loans taken by the assessee. However, the assessee is having other documents to prove the cash credits. Those documents have now been furnished by way of additional evidences. These papers were not furnished before the AO, since the earlier counsel did not ask for them from the assessee. He submitted that the assessee is a house wife and does not know the intricacies of the income tax provisions. As such, she was only following advises given by her counsel. The Ld A.R submitted that the assessee has now approached him and upon making enquiries, he has found that the assessee is having sufficient documents to prove the cash credits. Accordingly, the additional evidences have been filed before the Tribunal. The Ld A.R, accordingly, submitted that there was sufficient cause for the assessee in not furnishing these documents before the AO. Accordingly, he prayed that, in the interest of natural justice, these additional evidences may kindly be admitted by the Tribunal and all the issues may be restored to the file of the AO for examining them afresh. 4. We heard Ld D.R and perused the record. From the submissions made by the assessee in the petition filed for admission of additional evidences, we are of the view that the assessee was dependent upon the earlier counsel in the income tax matters. According to the assessee, she was not asked to give the documents, now being furnished before the Tribunal in the form of additional evidences. Considering the submissions made in the petition, which has been narrated by Ld A.R, we are of the view that there was sufficient cause for the assessee in not furnishing those documents before the AO. Accordingly, we admit the additional evidences now furnished by the assessee. 5. The Ld D.R had submitted that the additional evidences, if admitted by the Tribunal, should be sent to the AO for his comments. Since the additional evidences go to the root of the matter, we are of the view that the issues relating to addition made u/s 68 of the Act in both the years require fresh Alpana Jain 3 examination at the end of the AO. Since main issue is being sent to AO, we are of the view that the remaining issue relating to addition of value of silver utensils etc., may also be restored to the file of AO. Accordingly, we set aside the orders passed by Ld CIT(A) in respect of the issues contested before us in these two years and restore them to the file of the AO for examining them afresh by duly considering the additional evidences furnished by the assessee and also any other information and explanations that may be furnished by the assessee. After providing adequate opportunity of being heard to the assessee, the AO may take appropriate decision in accordance with law. 6. In the result, both the appeals of the assessee are treated as allowed for statistical purposes. Order pronounced in the open court on 21.07.2022. Sd/- Sd/- (KAVITHA RAJAGOPAL) (B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated : 21/07/2022 Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(A) 4. CIT 5. DR, ITAT, Mumbai 6. Guard File. BY ORDER, //True Copy// (Assistant Registrar) PS ITAT, Mumbai