VIKRAM AHUJA, MUMBAI V. CIT 48, KALYAN

ITA 5383/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0657 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-05-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 09-05-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 19-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIDISHA KALRA LD DR CIT
• Assessee Lawyers: DHIREN K RATHODLD
• Section: 143(3); 132

Judgement Text

ITA NO.5383/MUM/2015 VIKRAM AHUJA ASSESSMENT YEAR 2006-07 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , BEFORE SHRI D.T. GARASIA, JM AND SHRI MANOJ KUMAR AGGARWAL, AM I.T.A. NO. 5383/MUM/2015 ( ASSESSMENT YEAR: 2006-07) VIKRAM AHUJA 119, MAKER CHAMBER V, NARIMAN POINT, MUMBAI 400 021 VS. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2) ROOM NO. 806 OLD CGO BUILDING PRATISHTHA BHAWAN M.K.ROAD MUMBAI- 400 020 ! PAN/GIR NO. ADGPA-3700-N ( ' APPELLANT ) : ( #$ ' RESPONDENT ) ASSESSEE BY : DHIREN K. RATHOD,LD. AR REVENUE BY : VIDISHA KALRA, LD. DR (CIT) % & DATE OF HEARING : 09/05/2017 '() & / DATE OF PRONOUNCEMENT : 12/05/2017 ITA NO.5383/MUM/2015 VIKRAM AHUJA ASSESSMENT YEAR 2006-07 2 O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE CAPTIONED APPEAL BY ASSESSE FOR ASSESSMENT Y EAR [AY] 2006- 07 ASSAILS THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-48 [CIT(A)], MUMBAI DATED 25/08/2015 QUA ADDITION OF RS.9,99,500/- U/S 68/69 OF THE INCOME TAX ACT. 2. BRIEFLY STATED, PURSUANT TO SEARCH OPERATIO NS U/S 132 ON ASSESSEES FATHER ON 11/05/2010, CERTAIN DOCUMENTS WERE FOUND PERTAINING TO ASSESSEE ALSO WHICH LED TO AN ASSESSMENT OF ASSESSE E FOR IMPUGNED AY U/S 143(3) READ WITH SECTION 153C VIDE ASSESSING OFFICER [AO] ORDER DATED 28/03/2014, WHEREIN THE TOTAL INCOME OF THE A SSESSE WAS ASSESSED AT RS.26,03,240/-AFTER ADDITION OF RS.9,99 ,500/- U/S 69. AN AMOUNT OF RS.9,99,500/- WAS FOUND TO HAVE BEEN DEPO SITED IN CASH IN ONE OF THE BANK ACCOUNT MAINTAINED BY ASSESSEE WITH HDFC BANK ACCOUNT WHICH THE ASSESSEE COULD NOT SUBSTANTIATE A ND THE SAME LED TO IMPUGNED ADDITIONS. THE ASSESSEE CONTESTED THE SAME WITHOUT ANY SUCCESS BEFORE LD. CIT(A) VIDE IMPUGNED ORDER DATED 25/08/2015 WHERE THE ASSESSE TRIED TO CO-RELATE THE CASH DEPOSIT FRO M CASH WITHDRAWAL AND CASH IN HAND HELD BY THE ASSESSEE. HOWEVER, NOT CON VINCED, LD. CIT(A) CONFIRMED THE ADDITIONS AGAINST WHICH THE ASSESSEE IS IN APPEAL BEFORE US. 3. AT THE OUTSET, LD. COUNSEL FOR ASSESSEE [AR] DRE W OUR ATTENTION TO THE FACT THAT THE ASSESSEE SUFFERED SIMILAR DISALLO WANCE IN AY 2008-09 AND THE TRIBUNAL, AGAINST ASSESSEES APPEAL, HAS RE STORED THE ISSUE BACK ITA NO.5383/MUM/2015 VIKRAM AHUJA ASSESSMENT YEAR 2006-07 3 TO THE FILE OF LD. AO FOR FRESH ADJUDICATION AND HE NCE, IN THE LIGHT OF THE SAME, THIS MATTER MAY ALSO BE RESTORED BACK ON SIMI LAR LINES. THE LD. DR DID NOT OBJECT TO THE SAME. 4. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE CITED ORDER OF TRIBUNAL IN ITA NO. 5385/MUM/2015 DATED 25/08/2016 FOR AY 2008-09 WHERE THE TRIBUNAL HAS RESTORED THE MATTER BACK WIT H FOLLOWING OBSERVATIONS:- 7. AFTER CONSIDERING THE RELEVANT FINDING GIVEN IN THE IMPUGNED ORDERS AS WELL AS THE SUBMISSIONS MADE BY THE PARTIES, WE FIND THAT BEFOR E THE CIT(A), THE ASSESSE HAS GIVEN DETAILED SUBMISSION AS TO HOW IT HAS BEEN PUR SUING THE DEPARTMENT FOR MAKING AVAILABLE THE VARIOUS DOCUMENTS AND SEIZED M ATERIAL AND ALSO THE DETAILS OF DEPOSIT IN THE BANK ACCOUNT, WHICH WAS UNDER THE CO NTROL OF HIS LATE FATHER. IT HAS ALSO BEEN SUBMITTED THAT, SIMILAR ADDITION HAS BEEN MADE IN THE CASE OF SHRI DEVENDRA AHUJA, FATHER OF THE ASSESSE. THUS, IN THE INTEREST OF JUSTICE, WE FEEL THAT THE ENTIRE MATTER SHOULD BE RESTORED BACK TO THE FI LE OF THE AO TO SEE THAT FIRSTLY, NO DOUBLE ADDITION SHOULD BE MADE, ONE IN THE HANDS OF THE FATHER AND AGAIN IN THE HANDS OF THE ASSESSE ON THE SAME BANK DEPOSITS AND SECONDLY, TO PROVIDE ALL THE NECESSARY DETAILS TO THE ASSESSE AS REQUIRED FOR TH E ADJUDICATION OF THE ISSUE INVOLVED AND THEREAFTER PROPER OPPORTUNITY TO THE A SSESSE SHOULD BE GIVEN TO MAKE HIS SUBMISSIONS. WITH THIS DIRECTION, THE GROUND R AISED BEFORE US IS REMANDED BACK TO THE FILE OF THE AO. THEREFORE THERE BEING NO CHANGE IN MATERIAL FACTS A ND CIRCUMSTANCES, FOLLOWING THE SAME, WE RESTORE THE MATTER BACK TO T HE FILE OF LD. AO ON SIMILAR LINES. 5. RESULTANTLY, THE ASSESSEES APPEAL STANDS ALLOWE D FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH MAY, 2017. ITA NO.5383/MUM/2015 VIKRAM AHUJA ASSESSMENT YEAR 2006-07 4 SD/- SD/- (D.T. GARASIA) (MANOJ KUMARAGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER *% MUMBAI; DATED : 12.05.2017 SR.PS:- THIRUMALESH COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT 2. #$ ' / THE RESPONDENT 3. + / THE CIT(A) 4. + / CIT CONCERNED 5. , #&- - ) *% / DR, ITAT, MUMBAI 6. . /% GUARD FILE ! / BY ORDER, ' !# $ (DY./ASSTT. REGISTRAR) *% / ITAT, MUMBAI