Shri Govind Agrawal, Indore V. The Income Tax Officer wd- 4(2), Indore

ITA 507/IND/2010

• Counselvise Citation: 50722714 RSA 2010
• Duration Of Justice: 1 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 26-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARUN DEWAN
• Assessee Lawyers: H P VERMA
• Keywords: Bogus purchase; Opportunity of being heard
• Section: 147; 148

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO.507/IND/2010 A.YS. 2001-02 GOVIND AGRAWAL INDORE PAN ABCPA-4489L ... APPELLANT VS INCOME TAX OFFICER WARD 4(2), INDORE ... RESPONDENT APPELLANT BY : SHRI H.P. VERMA & SHRI ASHISH GOYAL DEPARTMENT BY : SHRI ARUN DEWAN, DATE OF HEARING : 13.9.2011 DATE OF PRONOUNCEMENT : 13.9.2011 O R D E R PER JOGINDER SINGH THIS APPEAL IS BY THE ASSESSEE FOR THE ASS ESSMENT YEAR 2001-02 CHALLENGING THE ORDER OF LEARNED COMMISSION ER OF 2 INCOME TAX (APPEALS) DATED 19 TH MARCH, 2010 ON THE GROUND THAT THE NOTICE ISSUED U/S 148 OF THE ACT IS ILLEGA L FOR WANT OF CAUSE TO REOPEN THE CASE U/S 147 ESPECIALLY WHEN VA LID REQUEST WAS MADE IN WRITING BY THE ASSESSEE ON 29.3.2006 BE FORE THE LEARNED ASSESSING OFFICER TO INTIMATE/SUPPLY THE RE ASONS OF REOPENING OF THE CASE AND FURTHER CONFIRMING THE AD DITION OF RS.8,17,180/- ON ACCOUNT OF BOGUS PURCHASES WHILE ALL THESE TRANSACTIONS ARE GENUINE. 2. DURING HEARING OF THIS APPEAL, WE HAVE HEARD SHR I H.P. VERMA ALONG WITH SHRI ASHISH GOYAL, LD. COUNSEL FOR ASSESSEE AND SHRI ARUN DEWAN, LEARNED SENIOR DR. THE CRUX OF ARGUMENTS ON BEHALF OF THE ASSESSEE IS IDENTICAL TO THE GROUND RAISED BY FURTHER SUBMITTING THAT THE INWARD AND OU TWARD QUANTITY IS ALSO TALLYING AND THE GROSS PROFIT IS A LSO EXCESSIVE THAN THE REASONABLE GROSS PROFIT RATE OF THE TRADE. 3. THE LD. COUNSEL FOR ASSESSEE STRONGLY PLEADED TH AT IN SPITE OF REQUEST MADE TO THE ASSESSING OFFICER, THE REASONS FOR REOPENING WERE NOT SUPPLIED TO THE ASSESSEE FOR WHI CH OUR 3 ATTENTION WAS INVITED TO THE GROUND RAISED BEFORE T HE LEARNED COMMISSIONER OF INCOME TAX (APPEALS). THE ASSERTI ON OF THE ASSESSEE REGARDING NON-SUPPLY OF REASONS WAS NOT CONTROVERTED BY THE REVENUE. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL AVAILABLE ON FILE. IN VIEW OF THE RES PECTIVE ASSERTION/SUBMISSIONS AND WITHOUT GOING INTO THE ME RITS OF THE CASE, WE ARE OF THE CONSIDERED OPINION THAT THE REA SONS FOR REOPENING SHOULD HAVE BEEN SUPPLIED TO THE ASSESSEE SO THAT EFFECTIVE REPRESENTATION WOULD HAVE BEEN MADE BY HI M, CONSEQUENTLY, WITHOUT GOING INTO THE MERITS OF THE CASE, WE REMAND THIS FILE TO THE LEARNED ASSESSING OFFICER F OR FRESH ADJUDICATION IN ACCORDANCE WITH LAW WITH FURTHER DI RECTION TO SUPPLY THE REASONS OF REOPENING. THE ASSESSEE IS AL SO AT LIBERTY TO FURNISH EVIDENCE, IF ANY, TO SUBSTANTIATE ITS CL AIM. DUE OPPORTUNITY OF BEING HEARD BE ALSO PROVIDED TO THE ASSESSEE. FINALLY THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. 4 THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LEARNED REPRESENTATIVES OF BOTH THE SID ES AT THE CONCLUSION OF HEARING ON 13.9.2011. SD SD (R.C.SHARMA) (JOGINDER SI NGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13.9.2011 COPY TO: APPELLANT, RESPONDENT, CIT, CIT(A), DR, GU ARD FILE