Shri Shankarlal Maturam Meena, Vapi V. The Income Tax Officer, Ward-3, Vapi

ITA 621/AHD/2015

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 2125 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 18-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R P RASTOGI
• Section: 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT , , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . / ITA NO.621/AHD/2015/SRT / ASSESSMENT YEAR: 2010-11 SHANKARLAL MATURAM MEENA, 101, MANBHARI CO-OP. HSG. SOC., NEAR AZAD WEIGH BRIDGE, N.H. NO.8, VAPI 396 195. [PAN: ADBPM 3358D] VS. INCOME TAX OFFICER, WARD-3, VAPI. ( / APPELLANT) ( !' /RESPONDENT) / ASSESSEE BY : SHRI KAMLESH BHATT, C.A., /REVENUE BY : SHRI R.P.RASTOGI, SR. D.R /DATE OF HEARING : 17-04-2018 /DATE OF PRONOUNCEMENT : 18-04-2018 / ORDER PER C.M.GARG, JUDICIAL MEMBER: THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), VALSAD (CIT( A) FOR SHORT) DATED 23.01.2015 FOR THE ASSESSMENT YEAR (A.Y) 2010-11 PA SSED U/S. 143(3) OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT). 2. THE GROUNDS RAISED BY THE ASSESSEE READ AS FOLLO WS: IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE , THE LD. CIT(A) OUGHT TO HAVE DELETED THE ADDITION OF RS. 45,60,185/- REL YING ONLY ON REPORT IN FORM 26 AS AND DENYING THE EVIDENCES SUPPORTED BY BOOKS OF ACCOUNTS AND 2 ITA NO.621/AHD/2015/SRT (A.Y: 2010-11) SHRI SHANKARLAL MATURAM MEENA AFFIDAVIT OF THE APPELLANT AND HENCE YOUR APPELLANT PRAYS THAT THE SAME BE DELETED. 3. WE HAVE HEARD THE ARGUMENTS OF BOTH SIDES AND CA REFULLY PERUSED THE RELEVANT MATERIAL PLACED ON THE RECORD OF THE TRIBU NAL. THE ASSESSEES REPRESENTATIVE (AR) SUBMITTED THAT ON REQUEST OF TH E ASSESSEE THE ASSESSING OFFICER (AO) HAS REVISED FORM NO. 26AS AN D IN VIEW OF THE SAME NO ADDITION ON ACCOUNT OF IMPUGNED AMOUNT OF RS. 45 ,60,185/- PERTAINING TO THE AMOUNT RECEIVED FROM VARIOUS PARTIES I.E., FROM THE BANK OF RAJASTHAN LTD., JAYBHARAT TEXTILES AND REAL ESTATE LTD. WOULD BE SUSTAINABLE. THE LD. DEPARTMENTAL REPRESENTATIVE (DR) SUBMITTED THAT IF FORM NO.26AS HAS BEEN REVISED BY THE CONCERNED AO THEN, DEPARTMENT HAS NO OBJECTION IF THE ISSUE IS RESTORED TO THE FILE OF THE AO FOR A FRESH ADJUD ICATION IN THE LIGHT OF REVISED FORM NO.26AS. 4. ON CAREFUL CONSIDERATION OF ABOVE RIVAL SUBMISSI ONS, WE ARE OF THE VIEW OF THAT THE AO MADE ADDITION ON ACCOUNT OF REC EIPT OF AMOUNT FROM THREE PARTIES AND REQUEST OF THE ASSESSEE FOR RECONCILE A ND REVISED AMOUNTS SHOWN IN THE FROM NO.26AS HAS BEEN ALLOWED BY THE A O. NOW, IN THIS SITUATION, VERIFICATION AND EXAMINATION OF THE FORM NO.26AS IS REQUIRED BY THE AO THUS, THIS ISSUE IS RESTORED TO THE FILE OF AO FOR LIMITED PURPOSE I.E., VERIFICATION AND EXAMINATION OF RECEIPTS SHOWN BY T HE ASSESSEE AS PER REVISED FORM NO.26AS. THUS, THE ISSUE IS RESTORED TO THE FILE OF AO WITH A DIRECTION THAT THE AO SHALL RE-ADJUDICATE THE ISSUE AFRESH AFTER ALLOWING DUE OPPORTUNITY TO THE ASSESSEE AND WITHOUT BEING PREJU DICED FROM THE EARLIER 3 ITA NO.621/AHD/2015/SRT (A.Y: 2010-11) SHRI SHANKARLAL MATURAM MEENA ASSESSMENT AND FIRST APPELLATE ORDER. ACCORDINGLY, THE SOLE GROUND OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 18 TH APRIL, 2018. / SURAT ; DATED : 18 TH APRIL, 2018 EDN ! $ / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. # ( ) / THE CIT (A) , VALSAD ; 4. CCIT, SURAT; 5. , , / DR, ITAT, SURAT; 6. / GUARD FILE. / BY ORDER, // TRUE COPY // ) / ASSISTANT REGISTRAR , / ITAT, SURAT SD/- SD/- ( ) ( O.P.MEENA ) / ACCOUNTANT MEMBER ( ) (C.M.GARG) /JUDICIAL MEMBER