Shri Laxman Singh Meena, JAIPUR V. ITO, BHILWARA

ITA 594/JODH/2009

• Counselvise Citation: 59423314 RSA 2009
• Duration Of Justice: 2 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 01-12-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 30-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 ITA 594-09 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH JODHPUR. ( BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ) ITA NO. 594/JODH/2009 ASSTT. YEAR : 2006-07. SHRI LAXMAN SINGH MEENA, VS. THE INCOME-TAX OFFI CER, PROP. M/S. ROYAL FILLING STATION, WARD-2, PUR ROAD, BAPU NAGAR, BHILWARA. BHILWARA. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SANDEEP JHANWAR RESPONDENT BY : SHRI MAHESH KUMAR DATE OF HEARING : 01.12.2011 DATE OF PRONOUNCEMENT : 09.12.2011. ORDER DATED : 09/12/2011. PER R.K. GUPTA, J.M. THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 2006-07. 2. THE ASSESSEE IS OBJECTING IN CONFIRMING THE ADDI TIONS OF RS. 4,13,000/- AND RS. 2,24,000/- RECEIVED BY ASSESSEE IN CASH FROM VARIOU S PARTIES. 3. CONFIRMATIONS AND AFFIDAVITS WERE FILED BEFORE T HE ASSESSING OFFICER BUT ASSESSEE COULD NOT PRODUCE THESE PARTIES, THEREFORE, THE ASS ESSING OFFICER HELD THAT THE SOURCE AND GENUINENESS OF THE TRANSACTIONS ARE NOT PROVED. ACC ORDINGLY, HE MADE ADDITIONS. THE LD. CIT (A) HAS ALSO CONFIRMED THE ACTION OF THE ASSESS ING OFFICER. 4. NOW THE ASSESSEE IS IN APPEAL HERE BEFORE THE TR IBUNAL. 2 5. THE CONTENTIONS RAISED BEFORE THE LOWER AUTHORIT IES WERE REITERATED AND IT WAS SUBMITTED THAT ASSESSEE HAS FILED FULL PARTICULARS OF THESE PARTIES. THEY WERE NOT FOUND INCORRECT. IN CASE OF ONE PERSON SHRI RAM LAL RANK A FROM WHOM RS. 1,50,000/- WAS TAKEN, SEIZED COPY OF BANK ACCOUNT WAS FILED. IT W AS FURTHER SUBMITTED THAT ASSESSING OFFICER WAS REQUESTED TO ISSUE SUMMON UNDER SECTION 131. HOWEVER, THE ASSESSING OFFICER DID NOT USE HIS POWER UNDER SECTION 131. T HEREFORE, TO MEET THE ENDS OF JUSTICE, IT WAS REQUESTED THAT THE MATTER MAY BE SENT BACK TO T HE FILE OF ASSESSING OFFICER TO SUMMON THESE PARTIES. 6. ON THE OTHER HAND, THE LD. D/R STRONGLY OBJECTED SENDING THE MATTER BACK TO THE FILE OF ASSESSING OFFICER AS ASSESSEE HAS ALREADY B EEN ALLOWED SUFFICIENT OPPORTUNITY BY THE ASSESSING OFFICER AND LD. CIT (A). 7. AFTER CONSIDERING THE SUBMISSIONS AND PERUSING T HE MATERIAL ON RECORD, WE FIND THAT MATTER SHOULD GO BACK TO THE FILE OF ASSESSING OFFICER. THE ASSESSEE HAS SPECIFICALLY REQUESTED THAT HE HAS NOT BEEN ABLE TO PRODUCE THES E PARTIES BUT ASSESSING OFFICER CAN SUMMON THESE PARTIES UNDER SECTION 131. COMPLETE D ETAILS OF ADDRESSES WERE GIVEN, THEREFORE, IN OUR CONSIDERED VIEW, THE ASSESSING OF FICER SHOULD HAVE EXERCISE HIS POWER UNDER SECTION 131. THERE MAY BE REASON FOR RECEIVI NG VARIOUS AMOUNTS FROM VARIOUS PARTIES. IT WAS STATED THAT THIS IS THE INITIAL YE AR OF THE BUSINESS AND FATHER OF THE ASSESSEE HAS HELPED HIM IN GETTING THE LOANS FOR DOING HIS P ETTY BUSINESS. THEREFORE, IT CAN BE SAID THAT THERE CANNOT BE INCOME IN THE FIRST YEAR. HOW EVER, THE FACT REMAINS THAT GENUINENESS AND CREDITWORTHINESS OF THE AMOUNT RECEIVED FROM VA RIOUS CASH CREDITORS REMAINED UNVERIFIED AND THEREFORE, TO MEET THE ENDS OF JUSTI CE, WE SET ASIDE THE ORDER OF LD. CIT (A) AND REMAND BACK THE MATTER TO THE FILE OF ASSESSING OFFICER TO PASS A FRESH ORDER AFTER 3 ISSUING SUMMONS TO VARIOUS CASH CREDITORS. THE ASS ESSEE IS FREE TO FILE FURTHER EVIDENCE AND IS ALSO ADVISED TO PRODUCE THE CREDITORS BEFORE THE ASSESSING OFFICER. WE ORDER ACCORDINGLY. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 9. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 09. 12.2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JODHPUR, COPY FORWARDED TO :- SHRI LAXMAN SINGH MEENA, BHILWARA. THE ITO WARD-2, BHILWARA. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 594/JODH/2009) BY ORDER, AR ITAT JODHPUR.