GURUBIX S ADVANI, MUMBAI V. ITO 24(1)(4), MUMBAI

ITA 5349/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1428 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2010
• Appeal Filed By: Assessee
• Bench Allotted: G
• Assessment Year: 2005-2006
• Appeal Filed On: 18-09-2009
• Court: TRIBUNAL
• Department Lawyers: U ANJANEYULU
• Assessee Lawyers: SANJIV M SHAH
• Keywords: Gift; Additional evidence; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI BEFORE SHRI. J.SUDHAKAR REDDY (A.M.) AND SHRI. V.D. RAO (J.M.) ITA NO.5349/MUM/2009 ASSESSMENT YEAR : 2005-2006 GURUBIX S. ADVANI B-203, SHIVDHAM 62, 2 ND FLR., NEW LINK RD., MALAD (W), MUMBAI 400 064. PAN : AAIPA0715C VS. ITO 24(1)(4), CIRCLE 13, 5 TH FLR., PRATYAKSHA KAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI 400 051. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SANJIV M. SHAH DEPARTMENT BY : SHRI U. ANJANEYULU O R D E R PER J. SUDHAKAR REDDY, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE, DIRECTED A GAINST THE ORDER OF THE LEARNED CIT (A)-XXIV, MUMBAI DATED 16.06.2009 F OR THE ASSESSMENT YEAR 2005-2006. 2. FACTS IN BRIEF: THE ASSESSEE IS IN THE BUSINESS OF SUPPLYING GIFTS AND NOVELTIES. THE ADDITION IN QUESTION WAS MADE U/S. 68. THE ASSESSEE CLAIMED THAT HE HAS RECEIVED GIFTS FROM HIS BROTHER . THE GIFT DECLARATION WAS FILED. THE ASSESSING OFFICER SOUGHT SOME MORE DOC UMENTS, AND AS THE ASSESSEE COULD NOT PRODUCE THE SAME HE MADE THE ADD ITION. ON APPEAL OF THE FIRST APPELLATE AUTHORITY UPHELD THE ADDITION. 3. SHRI SANJIV M. SHAH, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT A NUMBER OF DOCUMENTS, WHICH ARE LISTED FROM 1 TO 30 IN ASSESSEES PAPER BOOK, WERE FILED IN SUPPORT OF FACT THAT THE ASSESSEE HAD RECEIVED GIFT FROM HIS BROTHER. HE TOOK THIS BENCH THROUGH THES E EVIDENCES AND SUBMITTED THAT THE ASSESSING OFFICER HAS NOT REFERR ED TO ANY OF THESE EVIDENCES IN THE ASSESSMENT ORDER. HE ALSO DREW O UR ATTENTION, TO THE RECTIFICATION APPLICATION FILED U/S.154 OF THE ACT, BEFORE THE ASSESSING OFFICER, ON HIS COMMENT THAT NO EVIDENCE WAS FILED. THE LEARNED COUNSEL ITA NO.5349/MUM/2009 A.Y.: 2005-2006 2 FOR THE ASSESSEE FURTHER MOVED AN APPLICATION FOR A DMISSION OF ADDITIONAL EVIDENCE. HE SUBMITTED THAT THE SAID DOCUMENTS I.E . THE ASSESSMENT ORDERS ETC. WERE NOT AVAILABLE AT THAT POINT OF TIME AND H ENCE THE ASSESSEE COULD NOT PRODUCE THE SAME DURING THE COURSE OF ASSESSMEN T. HE PRAYED THAT THE ADDITIONAL EVIDENCE BE ADMITTED AND MATTER REMITTED BACK TO THE ASSESSING OFFICER FOR CONSIDERING ALL THE EVIDENCES. 4. THE LEARNED DR, THOUGH NOT LEAVING HIS GROUND, S UBMITTED THAT THE ISSUE MAY BE SET ASIDE TO THE FILE OF THE ASSESSING OFFICER. 5. IN VIEW OF THE ABOVE SUBMISSIONS AND GOING THROU GH THE APPLICATION FOR ADMISSION OF ADDITIONAL EVIDENCE, WE ADMIT THE EVIDENCES AND WE SET ASIDE THE MATTER TO THE FILE OF THE ASSESSING OFFIC ER FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. THE ASSESSING OFFICER SHALL TAKE INTO CONSIDERATION ALL THE EVIDENCES PRODUCED BY THE ASSESSEE BEFORE THIS BENCH BY WAY OF PAPER BOOK AS WELL AS BY WAY OF ADDITIONAL EVIDENCE AND D EAL WITH THE SAME IN HIS ORDER AND DISPOSE OFF THE CASE AFRESH, AFTER GIVING ADEQUATE OPPORTUNITY TO THE ASSESSEE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 18 TH DAY OF JUNE, 2010. SD/- (V.D. RAO) (JUDICIAL MEMBER) SD/- (J.SUDHAKAR REDDY) (ACCOUNTANT MEMBER) MUMBAI, DATED 18 TH JUNE, 2010. JANHAVI COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS) , MUM BAI 4. COMMISSIONER OF INCOME TAX, CITY- , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH G, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI