Smt. Veena Goverdhan, Bengaluru V. Income Tax officer, Ward-14(7), Bengaluru

ITA 586/BANG/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9943 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 04-12-2019
• Assessment Year: 2006-2007
• Appeal Filed On: 22-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PREETI PATEL
• Keywords: Unexplained investment; Set aside
• Section: 142(1); 143(1); 250; 143(2); 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A BENCH: BANGALORE BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 586 /BANG/201 9 (ASSESSMENT YEAR: 20 06 - 07 ) SMT. VEE N A GOVERDHAN, NO.42, BASAPPA ROAD, SHANTHI NAGAR, BANGALORE - 560 027 .APPELLANT PAN ABQPG 4512J VS. INCOME TAX OFFICER , WARD 14(7), BANGALORE. RESPONDENT. ASSESSEE BY: MS. PREETI PATEL, ADVOCATE. REVENUE BY: SHRI SUNIL KUMAR AGARWAL, ADDL.CIT (D.R) DATE OF HEARING : 04.12 .2019 DATE OF PRONOUNCEMENT : 03 . 0 1 .20 20 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX PASSED UNDER SECTION 144 AND 250 OF THE INCOME TAX ACT, 1961 ('THE ACT'). 2. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A SALARIED EMPLOYEE AND FILED THE RETURN OF INCOME ON 31.7.2006 WITH TOTAL INCOME OF RS.2,71,240 AND THE 2 ITA NO. 586/BANG/2019 RETURN OF INCOME WAS PROCESSED UNDER SECTION 143(1) OF THE ACT . S UBSEQUENTLY THE CASE WAS SELECTED FOR SCRUTINY AND NOTICE UNDER SECTION 143(2) AND 142(1) OF THE ACT WERE ISSUED. TH E ASSESSING OFFICER CALLED FOR THE INFORMATION AND DETAILS OF CREDIT IN BANK ACCOUNTS AND IMMOVABLE PROPERTIES PURCHASED BY THE ASSESSEE SINCE THERE WAS NO RESPONSE, THE ASSESSING OFFICER HAS MADE B EST JUDGMENT A SSESSMENT UNDER SECTION 144 OF THE ACT W I T H A DDITION OF UNEXPLAINED INVESTMENT S AND OTHER DISALLOWANCE AND ASSESSED THE TOTAL INCOME OF RS.32,90,980 AND PASSED ORDER UNDER SECTION 144 OF THE ACT DT.18.12.2008. AGGRIEVED BY THE A.OS ORDER, THE ASSESSEE HAS FILED AN APPEAL WITH THE CIT(APPEALS). WH EREAS THE CIT(APPEALS) HAS CONFIRMED THE ADDITION S AND GRANTED RELIEF IN OTHER ISSUES AND PARTLY ALLOWED THE APPEAL. AGGRIEVED BY THE ORDER OF CIT(APPEALS), THE ASSESSEE HAS FILED AN APPEAL WITH THE TRIBUNAL. 3. AT THE TIME OF HEARING, T HE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE CIT(APPEALS) HAS ERRED IN CONFIRMING THE ADDITIONS WITHOUT CONSIDERING THE SUBMISSION ON ADDITIONS AND FURTHER THE ASSESSEE COULD NOT SUBSTANTIATE WITH THE DETAILS IN THE ASSESSMENT PROCEEDINGS AND PRAYED FOR A N OPPORTUNITY OF HEARING BEFORE THE LOWER AUTHORITIES. CONTRA, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUPPORTED THE ORDERS OF CIT(APPEALS). 4. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. PRIMA FACIE, THE LEARNED AUTHORISED RE PRESENTATIVES CONTENTION THAT THE ASSESSEE HAS VITAL 3 ITA NO. 586/BANG/2019 EVIDENCE S AND MATERIAL TO SUBSTANTIATE THE CASE. IN THE APPELLATE PROCEEDINGS, THE ASSESSEE HAS FILED THE DETAILS BUT THE CIT(APPEALS) HAS NOT CONSIDERED THE ASSESSEE'S SUBMISSIONS AND DECIDED THE APPE AL. WE ON PERUSAL OF THE ASSESSMENT ORDER FOUND THAT ASSESSEE IS AN EMPLOYEE AND THE ASSESSMENT WAS UNDER SECTION 144 OF THE ACT. HENCE CONSIDERING THE SUBMISSIONS OF THE LEARNED AUTHORISED REPRESENTATIVE SUPPORTED WITH PAPER BOOK ARE OF THE OPINION THAT THE DISPUTED ISSUES ARE TO BE EXAMINED AND VERIFIED. ACCORDINGLY, IN THE INTEREST OF SUBSTANTIAL JUSTICE, WE SET ASIDE THE ORDER OF THE CIT(APPEALS) AND RESTORE ENTIRE DISPUTED ISSUES TO THE FILE OF ASSESSING OFFICER WITH MATERIAL FILED FOR EXAMINATION AN D FURTHER ASSESSING OFFICER SHOULD PROVIDE ADEQUATE OPPORTUNITY OF HEARING TO THE ASSESSEE AND ASSESSEE SHALL CO - OPERATE IN SUBMITTING THE INFORMATION AND ALLOW THE GROUNDS OF APPEAL OF ASSESSEE FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE ASSES SEE'S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 3 R D JAN., 2020. S D / - S D / - (A.K. GARODIA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 3 . 0 1. 20 20 . *REDDY GP 4 ITA NO. 586/BANG/2019 COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE