DCIT CEN CIR 36, MUMBAI V. SANGEETA N BELANI, MUMBAI

ITA 532/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 75330 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 15-01-2014
• Assessment Year: 2002-2003
• Appeal Filed On: 25-01-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GIRIJA DAYAL
• Assessee Lawyers: M SUBRAMANIAN
• Keywords: Unexplained cash credit; Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI R.C.SHARMA, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER ITA NO. 532/MUM/2012 ASSESSMENT YEAR: 2002-03 D.C.I.T, CENTRAL CIRCLE -36, ROOM NO.11, AAYAKAR BHAWAN, CHURCH GATE, MUMBAI-400 020. VS. MRS.SANGEETA N. BELANI, FLAT NO 1 & 2, PRAKASH BUILDING, 611/3, V.N.PURAV MARG, CHEMBUR, MUMBAI-400 071. (APPELLANT) (RESPONDENT) PERMANENT ACCOUNT NO. :- AETPB 4533 Q APPELLANT BY : SHRI GIRIJA DAYAL RESPONDENT BY : SHRI M.SUBRAMANIAN DATE OF HEARING : 15.01.2014 DATE OF PRONOUNCEMENT : 22.01.2014 O R D E R PER DR. S.T.M. PAVALAN, JM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF THE LD.CIT(A)-41, MUMBAI DATED 11.11.2011 FOR THE ASSES SMENT YEAR 2002-03. 2. BRIEFLY STATED, IN THE ASSESSMENT FRAMED U/S 143 (3)/153A OF THE ACT, THE AO NOTICED THAT THE ASSESSEE HAD SHOWN 6 CREDITORS IN THE BALANCE SHEET IN RESPECT OF VARIOUS ADVANCES TOTALLY AMOUNTING TO RS.13,04,500/ -. SINCE NO SUBMISSION WAS MADE BY THE ASSESSEE AS TO THE DETAILS OF ADVANCES FROM THE SAID PARTIES, ON THE BASIS OF BALANCE SHEET AND OTHER DOCUMENTS AVAILABL E, THE AO ALLOWED THE CREDIT OF RS.2,67,500/- IN THE NAME OF ONE OF THE PARTIES (N. P.BELANI) AND MADE AN ADDITION OF RS.10,37,000/- AS UNEXPLAINED CASH CREDIT IN RESPEC T OF OTHER PARTIES. ON APPEAL, THE LD.CIT(A) DELETED THE ADDITION MADE BY THE AO AS TH E ENTRIES WERE RELATED TO THE EARLIER YEARS AS CARRIED FORWARD BALANCES. AGGRIEVE D BY THE IMPUGNED ORDER, THE REVENUE IS IN APPEAL BEFORE US. ITA NO. 532/MUM/2012 MRS.SANGEETA N. BELANI ASSESSMENT YEAR: 2002-03 2 3. HAVING HEARD BOTH THE SIDES AND PERUSED THE MAT ERIAL ON RECORD, IT IS OBSERVED THAT THE LD.CIT(A) HAS RELIED ON VARIOUS A DDITIONAL EVIDENCES FOR DELETING THE IMPUGNED ADDITION MADE BY THE AO. HOWEVER, IN T HE PROCESS OF DOING SO, THE AO HAS NOT BEEN ALLOWED REASONABLE OPPORTUNITY TO EXAM INE THE EVIDENCES PRODUCED BY THE ASSESSEE, WHICH IS IN VIOLATION OF THE MANDATOR Y REQUIREMENT OF RULE 46A(3) OF THE INCOME TAX RULES, 1962 FOR ADMITTING ADDITIONAL EVIDENCES BY THE LD.CIT(A). IN VIEW OF THAT MATTER, WE ARE OF THE CONSIDERED OPINI ON THAT IT WOULD BE JUST AND PROPER TO SET ASIDE THE ORDER OF THE LD.CIT(A) BY R EMITTING THE MATTER BACK TO THE FILE OF AO TO FRAME THE ASSESSMENT AFRESH AND PASS THE ASSESSMENT ORDER AFTER GIVING A REASONABLE OPPORTUNITY BEING HEARD TO THE ASSESSEE PLACING ALL THE RECORDS TO SUBSTANTIATE HER CLAIM. WE ORDER AND DIRECT ACCO RDINGLY. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF JANUARY, 2014. SD/- SD/- (R.C.SHARMA) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 22.01.2014. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR E BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.