Shri Ishwar Vasantlal Sakla, Pune V. ITO, Wd.-9(4), Pune

ITA 647/PUN/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 56517 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 26-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S PRAVEENA SR
• Assessee Lawyers: S N DOSHI
• Keywords: Opportunity of being heard; Additional evidence
• Section: 148

Judgement Text

1 ITA 647/PN/2010 SHRI ISHWAR V.SAKLA IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI I.C.SUDHIR, JM AND SHRI D. KARUNAKARA RAO, AM ITA NO.647/PN/2010 ASST.YEAR:2006-07 SHRI ISHWAR V.SAKLA, S.NO.171, PLOT NO.17, CHINCHWAD, PUNE PAN ACOPS8096E APPELLANT VS. INCOME TAX OFFICER, WARD 9(4), PUNE RESPONDENT APPELLANT BY : SHRI S.N.DOSHI, AR RESPONDENT BY : MS S.PRAVEENA, SR AR ORDER PER D. KARUNAKARA RAO, AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) V, PUNE DT. 15 -2-2010 FOR THE ASSESSMENT YEAR 2006-07. 2. THE ONLY GROUND THAT IS RAISED BEFORE US, RELATE S TO THE CONFIRMATION OF THE ADDITION OF RS.23,42,000, CASH DEPOSITED IN THE BANK ACCOUNT WITH UTI BANK AND THE INTEREST INCOME OF RS.48,530. 3. IN THIS REGARD, AT THE VERY OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE MENTIONED THAT SUBSEQUENT TO THE PASSING O F THE IMPUGNED 2 ITA 647/PN/2010 SHRI ISHWAR V.SAKLA ORDERS OF THE REVENUE, THE SAME AMOUNT WERE ADDED I N THE RE- ASSESSMENT PROCEEDINGS U/S 148 OF THE ACT FOR YEARS 2003-04 TO 2005-06. THESE DEVELOPMENTS OF RE-ASSESSMENT WERE SUBSEQUENT IN TIME AND THEY WERE NOT AVAILABLE TO EITHER THE AO OR TO THE CIT(A ). THEY WERE NOT IN THE KNOWLEDGE OF THE CIT(A) WHEN HE ADJUDICATED THE APP EAL FOR THE ASSESSMENT YEAR 2006-07. DURING THE PROCEEDINGS, HE REFERRED TO THE PAPER BOOKS CONTAINING THE COPIES OF THE SAID REASS ESSMENT ORDERS, WHICH ARE IN FACT CONSTITUTES ADDITIONAL EVIDENCES. UNDE R THESE CIRCUMSTANCNES, THE LEARNED COUNSEL FOR THE ASSESSEE REQUESTED FOR SETTING ASIDE THE ORDER OF THE CIT(A) FOR DECIDING THE ISSUE AFRESH ON CONS IDERING THE SUBSEQUENT DEVELOPMENTS INVOLVING THE SAME AMOUNT I.E. CASH DE POSITED IN THE UTI BANK. 4. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE RELIED ON THE ORDERS OF THE REVENUE AUTHORITIES AND MENTIO NED THAT SOME OF THE PAPERS FILED BEFORE THE TRIBUNAL NOW ARE FILED FOR THE FIRST TIME AND THEY CONSTITUTE ADDITIONAL EVIDENCE. 5. WE HAVE HEARD THE PARTIES AND IT IS TRUE THAT TH E ASSESSEE FILED CERTAIN ADDITIONAL EVIDENCE PLACED AT S.NOS. 4 TO 6 OF THE PAPER BOOK, WHICH ARE BASICALLY THE COPIES OF THE NOTICES ISSUE D BY THE AO U/S 148 OF THE INCOME TAX ACT, 1961 (THE ACT), THE ASSESSEES SUBMISSIONS, COPIES OF THE RE-ASSESSMENT ORDERS PASSED BY THE ASSESSING OF FICER FOR THE ASSESSMENT YEARS 2003-04 AND 2005-06. UNDER THESE CIRCUMSTANCES, WE ARE OF THE OPINION THAT AS REQUESTED BY THE LEARNED COUNSEL FOR THE ASSESSEE, THE MATTER SHOULD BE SET ASIDE FOR CONSID ERING THE ADDITIONAL EVIDENCE AND DECIDING THE ISSUE AFRESH, AFTER CONSI DERING ALL THE SUBSEQUENT DEVELOPMENTS IE. RE-ASSESSMENT PROCEEDIN GS AND THE OUTCOME THEREOF. THE CIT(A) SHALL GIVE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE WHILE COMPLETING THE SET ASIDE PROCEEDINGS . ACCORDINGLY, THE GROUND RAISED BY THE ASSESSEE IS SET ASIDE . 3 ITA 647/PN/2010 SHRI ISHWAR V.SAKLA 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 05-10-2011. SD/- SD/- (I.C.SUDHIR) (D.KARUNA KARA RAO) JUDICIAL MEMBER ACCOUNTANT M EMBER PUNE, DATED THE 05.10.2011 *VNR COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEES AS MENTIONED IN THE CAUSE TITLE 2. ITO, WARD 9(4), PUNE 3. CIT (A)-V, PUNE 4. CIT CONCERNED, 5. D.R. ITAT B BENCH, PUNE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE