SHRI JITENDRA MADHANI, Jaipur V. ACIT, Jaipur

ITA 686/JPR/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5301 (ITAT-JAIPUR)
• Duration Of Justice: 3 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 24-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G R PAREEK JCIT DHK
• Keywords: Depreciation; Opportunity of being heard
• Section: 143(3); 2

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH HKKXPUN] YS[KK LNL; ,OA JH YFYR DQEKJ] U;KF;D LN L; DS LE{K BEFORE: SHRI BHAGCHAND, AM & SHRI LALIET KUMAR, JM VK;DJ VIHY LA-@ ITA NO. 686/JP/2012 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2005-06. SHRI JITENDRA MADHANI, D-112, RAM NAGAR, SHASTRI NAGAR, JAIPUR. CUKE VS. THE ACIT, CIRCLE-3, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. ABMPM 2812 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI SHRAWAN KUMAR GUPTA (ADVOCATE) JKTLO DH VKSJ LS@ REVENUE BY : SHRI G.R. PAREEK (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 31.05.2016. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 2/06/2016. VKNS'K@ ORDER PER SHRI LALIET KUMAR, J.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF LD. CIT (APPEALS)- III, JAIPUR DATED 16.12.2010 FOR THE A.Y. 2005-06. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER :- 1. THAT THE IMPUGNED ASSESSMENT ORDER U/S 143(3) DATED 01.11.2007 IS BAD IN LAW AND ON FACTS OF THE CASE FOR WANT OF JURISDICTION AND FOR VARIOUS OTHER REASONS AND HENCE THE SAME MAY KI NDLY BE QUASHED. 2.1. RS. 16,89,481/- THE LD. CIT (A) HAS ERRED IN L AW AS WELL AS ON THE FACTS OF THE CASE IN CONFIRMING THE INVOKING OF SEC. 145(3) OF THE ACT OR REJECTION OF TRADING A/C OR BOOKS OF ACCOUNT S. THE PROVISIONS SO 2 ITA NO. 686/JP/2012 SHRI JITENDRA MADHANI VS. ACIT INVOKED AND CONFIRMED BY CIT (A), BEING CONTRARY TO THE PROVISIONS OF LAW AND FACTS OF THE CASE MAY KINDLY BE QUASHED AND THE CONSEQUENT TRADING ADDITION OF RS. 16,89,481/- MAY KINDLY BE D ELETED. 2.2. ALTERNATIVELY AND WITHOUT PREJUDICE TO ABOVE T HE LD. CIT (A) ERRED IN LAW AS WELL AS ON THE FACTS OF THE CASE IN CONFIRMING THE TRADING ADDITION OF RS. 16,89,481/- MADE BY THE AO BY REDUCING THE CLOSING STOCK FROM RS. 37,10,029/- TO CLOSING STOCK AT RS. 20,30,353/- BY APPLYING THE GP RATE OF 8.17% ON THE ESTIMATED S ALES OF RS. 82,00,000/- AS AGAINST THE DECLARED SALES OF RS. 81 ,56,315/-. HENCE THE ADDITION SO MADE AND CONFIRMED BY THE CIT (A) I S CONTRARY TO THE PROVISIONS OF LAW AND FACTS AND HENCE THE SAME MAY KINDLY BE DELETED IN FULL. 2.3. THE LD. CIT (A) HAS FURTHER GROSSLY ERRED AS W ELL AS ON THE FACTS OF THE CASE IN CONFIRMING THE ACTION OF THE AO IN V ALUING THE WRONG WORKING OF CLOSING STOCK AT RS. 20,30,353/- ON THE IMAGINARY MANNER BY APPLYING THE G.P. RATE OF 8.17% AND ACCORDINGLY TO THE AO IF TRADING A/C IS RE-CASTED THEN THE VALUE OF THE CLOSING STOC K COMES TO RS. 34,95,830/- AS AGAINST RS. 20,30,353/-. HENCE THE A DDITION SO MADE AND CONFIRMED BY THE CIT (A) ON WRONG WORKING IS CO NTRARY TO THE PROVISIONS OF LAW AND FACTS AND HENCE THE SAME MAY KINDLY BE DELETED IN FULL. 3. RS. 9,805/-. THE LD. CIT (A) FURTHER ERRED IN LA W AS WELL AS ON THE FACTS OF THE CASE IN CONFIRMING THE DISALLOWANC E OF RS. 9,805/- ON ACCOUNT OF DEPRECIATION ON FACTORY BUILDING AND PLA NT AND MACHINERY. THE DISALLOWANCES SO MADE AND CONFIRMED BY THE CIT (A) IS CONTRARY TO THE PROVISIONS OF LAW AND FACTS AND HENCE THE SAME MAY KINDLY BE DELETED IN FULL. 4. RS. 30,666/-. THE LD. CIT (A) FURTHER ERRED IN L AW AS WELL AS ON THE FACTS OF THE CASE IN CONFIRMING THE ADDITION OF RS. 30,666/- ON ACCOUNT OF DISALLOWANCE OF INTEREST ON ADVANCE INTE REST FREE. THE DISALLOWANCES SO MADE AND CONFIRMED BY THE CIT (A) IS CONTRARY TO THE PROVISIONS OF LAW AND FACTS AND HENCE THE SAME MAY KINDLY BE DELETED IN FULL. 5. RS. 1,11,300/-. THE LD. CIT (A) FURTHER HAS ERRE D IN LAW AS WELL AS ON THE FACTS OF THE CASE IN CONFIRMING THE ADDIT ION OF RS. 11,11,300/- U/S 68 ON ACCOUNT OF CASH CREDIT AS INC OME FROM OTHER SOURCE. THE ADDITION SO MADE AND CONFIRMED BY THE C IT (A) IS CONTRARY TO THE PROVISIONS OF LAW AND FACTS AND HENCE THE SA ME MAY KINDLY BE DELETED IN FULL. 6. THE LD. AO ERRED IN LAW AS WELL AS ON THE FACTS OF THE CASE IN CHARGING OF INTEREST U/S 234B, 234C & 234D AS CONSE QUENTIAL TO 3 ITA NO. 686/JP/2012 SHRI JITENDRA MADHANI VS. ACIT NATURE. THE APPELLANT TOTALLY DENIES IT LIABILITY O F CHARGING OF ANY SUCH INTEREST. HENCE THE INTEREST SO CHARGED, BEING CONT RARY TO THE PROVISIONS OF LAW AND FACTS MAY KINDLY BE DELETED I N FULL. 2. AT THE OUTSET, THE LD. A/R FOR THE ASSESSEE HAS SUBMITTED THAT HE IS NOT PRESSING GROUND NO. 1 & 3. THEREFORE, THE SAME ARE DISMISSED AS NOT PRESSED. 3. GROUND NO. 2 RELATES TO CONFIRMING INVOKING OF S EC. 145(3) OF THE IT ACT AND THEREBY CONFIRMING TRADING ADDITION OF RS. 16,89,48 1/-. 3.1. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A MANUFACTURER AND TRADER OF BHURA, MISRI, PATASA ETC. THE ASSESSEE FILED ITS RE TURN OF INCOME DECLARING TOTAL LOSS AT RS. 18,84,765/- ON 29.10.2005. DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE LD. AO NOTED THAT THE ASSESSEE HAS DECLARED A GROSS LOS S OF RS. 28,69,575/- ON THE TURNOVER OF RS. 81,56,315/- AS AGAINST THE GROSS PR OFIT RATE 8.17% ON THE TURNOVER OF RS. 1,27,27,709/- IN LAST YEAR. THE AO ALLEGED PURC HASE AND SALES WERE NOT FULLY VOUCHED AND ASSESSEE WAS NOT MAINTAIN QUANTITATIVE DETAILS AND CLOSING STOCK SHOWN NIL. 3.2. DURING THE YEAR UNDER ASSESSMENT FIRE BROKE OU T IN FACTORY PREMISES AT J-6, ROAD NO. 1-D, V.K.I.AREA, JAIPUR IN THE INTERVENING NIGHT OF 9 TH AND 10 TH OCTOBER, 2004. IN WHICH THE SUBSTANTIAL STOCK OF THE ASSESSE E WAS BURNT AND FACTORY BUILDING WAS ALSO DAMAGED. ASSESSEE SUFFERED LOSS OF RAW MAT ERIAL & FINISHED GOODS AMOUNTING RS. 37,10,029/ AND LOSS OF ASSETS AMOUNTI NG RS. 4,34,495/-. HENCE THE ASSESSEE FILED INSURANCE CLAIM TO THE BAJAJ ALLIANZ INSURANCE CO. WHERE IN HE CLAIMED LOSS OF STOCK AT RS. 37,10,029/-PLANT AND M ACHINERY OF RS. 3,07,415/- TOTALING TO RS. 41,78,445/- COPY OF CLAIM TO INSUR ANCE IS ENCLOSED(PB1-2). HOWEVER 4 ITA NO. 686/JP/2012 SHRI JITENDRA MADHANI VS. ACIT THE INSURANCE MADE ASSESSMENT OF THE LOSS OF STOCK AT RS. 20,30,353/-. THE AO ALLEGED THAT THE ASSESSEE COULD NOT PRODUCE THE EVI DENCE TO SHOW THE EXTENT OF RAW MATERIAL OR FINISHED GOODS AS ON THE DATE OF FIRE. THUS THE LD AO STATED THAT AS PER CLAIM GIVEN BY THE INSURANCE COMPANY THE TRADING A CCOUNT SHOULD READ AS UNDER. TRADING ACCOUNT PARTICULARS AMOUNT PARTICULARS AMOUNT TO OP. STOCK 25,99,250/ - BY SALES 81,56,315/ - TO PURCHASES 73,62,029/ - BY CLOSING STOCK 20,30,353/ - TO DIRECT EXP. 10,64,611/ - BY GROSS LOSS 8,39,222/ - 1,10,25,890/ - 1,10,25,890/ - THE AO ALLEGED THAT IF THERE WERE NO FIRE THE ASSES SEE COULD HAVE DECLARED THE LOSS OF RS. 8,39,222/- AS AGAINST PROFIT RATE 8.17% OF LAST YEAR. HE ALLEGED THAT THIS INDICATE PURCHASES AND EXPENSES HAVE BEEN SUBSTANTI ALLY INFLATED. HENCE TRADING ACCOUNT IS REJECTED. THUS THE AO ESTIMATED THE SAL ES AT RS. 82,00,000/- ON WHICH G.P. RATE OF 8.17% HAS APPLIED, WHICH GIVES GROSS P ROFIT AT RS. 6,69,940/-. 3.3. THE AO FURTHER STATED THAT THE EXPENSES DEBITE D IN THE P&L ACCOUNT ARE SUPPORTED BY VOUCHERS AND NO DISALLOWANCES IS PROPO SED TO BE MADE. IN P&L ACCOUNT EXCLUDING THE LOSSES ON THE FIRE CLAIMED AN D DEPRECIATION, THE TOTAL EXPENSES CLAIMED THE AMOUNT OF RS. 8,46,574/-. ON THIS BASIS THE AO WORKED OUT THE NET PROFIT AS UNDER. P&L ACCOUNT PARTICULARS AMOUNT PARTICULARS AMOUNT TO EXP. 8,46,574/ - BY GROSS PROFIT 6,69,940/ - BY MUDAT & DALALI 48,117/ - BY INTEREST INCOME 4,654/ - BY LOSS 1,23,863/ - 8,46,574/ - 8,46,574/ - 5 ITA NO. 686/JP/2012 SHRI JITENDRA MADHANI VS. ACIT THE AO FURTHER CALCULATED THE DEPRECIATION ON THE A SSETS ON THE BASIS OF CLAIMED GIVEN BY THE INSURANCE CO. AND AS PER AO THE NET D EPRECIATION IS ALLOWABLE AT RS. 97,142/-. THUS THE AO WORKED OUT THE NET LOSS OF RS . 2,21,005/- AS AGAINST OF RS. 18,86,050/-, THUS THE AO HAS MADE TRADING ADDITION OF RS. 16,89,481/-. 4. BEING AGGRIEVED, THE ASSESSEE PREFERRED APPEAL B EFORE LD. CIT (A), WHO HAS CONFIRMED THE ACTION OF THE AO. BEFORE LD. CIT (A), ALONG WITH THE WRITTEN SUBMISSIONS EXPLAINING THE CASE OF THE ASSESSEE, TH E LD. A/R HAS ALSO FILED A RE- CASTED TRADING ACCOUNT AS PER THE VERSION OF THE AO , ACCORDING TO HIM THE VALUE OF CLOSING STOCKS COMES TO RS. 34,95,830/- AS AGAINST RS. 20,30,353/- TAKEN BY THE AO WHEN THE GP RATE OF 8.17% IS APPLIED ON THE SALES. BUT THE LD. CIT (A) CONFIRMED THE ADDITION AFTER DISCUSSING THE MATTER IN PARA 2.3. O F HIS ORDER. 5. NOW THE ASSESSEE IS IN APPEAL BEFORE US. 5.1. AT THE OUTSET, IT WAS POINTED OUT THAT PUNJAB & SIND BANK VIDE LETTER DATED 17.04.2010 HAS MENTIONED AS UNDER :- M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., A-12 A, SECOND FLOOR, ASHOK MARG, C-SCHEME, JAIPUR. DEAR SIR, REG : YOUR E-MAIL DATED NIL WITH REGARD TO M/S. K RISHNA ENTERPRISES. WE ARE IN RECEIPT OF YOUR E-MAIL DATED NIL AND TO I NFORM THAT THE CLAIM PASSED BY YOU IS VERY LOW WHEREAS THE STOCK STATEMENT SUBM ITTED BY THE PARTY TO THE BANK IS QUITE HIGHER AS IS EVIDENT FROM STOCK STATE MENT DATED 31.05.04 FOR RS. 28.62 LACS, DATED 30.06.04 FOR RS. 30.01 LACS, DATED 31.07.04 FOR RS. 33.55 LACS, STOCK STATEMENT DATED 31.08.2004 FOR 33 .36 LACS & DATED 30.09.04 FOR RS. 36.12 LACS SUBMITTED BY THE PARTY I.E. THE STOCK STATEMENT SUBMITTED BY THE PARTY IS QUITE HIGHER THAN THAT STOCK CALCUL ATED BY YOU WHICH WAS STORED IN THE INSURED PLANT AT THE TIME OF FIRE. 6 ITA NO. 686/JP/2012 SHRI JITENDRA MADHANI VS. ACIT THE COMPLAINANT LODGED A REPORT IN POLICE STATION V ISHWAKARMA JAIPUR ON 10.10.2004 & COPY OF THE REPORT PREPARED BY COMMISS IONER (FIRE), NAGAR NIGAM JAIPUR DATED 9/10 OCTOBER 2004 WERE SUBMITTED TO YOUR OFFICE IN WHICH CLAIM WAS MADE FOR RS. 41.78 LACS (COPY ENCLOSED) VISIT CUM VALUATION OF THE PROPERTY DATED 10.00.04 WAS ALSO DONE BY THE BANK OFFICIAL (PHOTO COPY ENCLOSED) THE LIST OF CLOSING STOCK OF RAW MATERIAL AS ON 09. 10.04 UNDER BILL NO. & BUILTY NO. FOR RS. 29.77 LACS WAS ALSO GIVEN BY THE PARTY. THE PARTY SUBMITTED ALL THE DOCUMENTS RELATED TO CLOSING STOCK. COPIES OF TRADI NG & MANUFACTURING A/C FOR THE PERIOD FROM 01.04.04 TO 09.10.04, VALUATION OF PLANT & MACHINERY AS ON 09.01.2004 & VALUATION OF FACTORY BUILDING AS ON 09.10.04 WAS ALSO GIVEN BY THE PARTY ALONG WITH FIRE CLAIM SUBMITTED TO PAY THE CLAIM AMOUNT RS. 4178445.50 ALONG WITH INTT. @ 18% P.A. W.E.F. 10.10 .04, BUT WAS PASSED FOR RS. 22,11,824/- (RS.2042919/-+ RS.168905/-) WHICH W AS NOT ACCEPTABLE TO THE PARTY. IT IS TO BE NOTED HERE THAT ON 15.09.04 AN ADHOC LI MIT OF RS.400 LACS WAS SANCTIONED FOR 30 DAYS AND THE STOCK WAS OF RS. 36. 12 LACS AS ON 30.09.04. YOU ARE AGAINST REQUESTED TO LOOK INTO THE MATTER A ND SETTLE THE CLAIM ON THE REVISED GUIDELINES. YOURS FAITHFULLY, SD/- ASSTT. GEN. MANAGER. IT WAS SUBMITTED BY THE LD. A/R THAT THE LETTER ISS UED BY THE PUNJAB & SIND BANK IS A IMPECCABLE EVIDENCE TO SHOW THE STOCK POSITION BEFO RE THE FIRE TOOK PLACE AT THE PREMISES OF THE ASSESSEE. IT WAS SUBMITTED BY THE ASSESSEE THAT THE SAID EVIDENCE WAS NOT PLACED BEFORE THE AO AS WELL AS BEFORE LD. CIT (A) AT THE TIME OF PASSING OF THE ORDER AS IT WAS ISSUED BY THE BANK ON 17.04.201 0. IT WAS PRAYED BY THE LD. A/R FOR THE ASSESSE THAT THIS DOCUMENT SINCE GOES TO TH E ROOT OF THE MATTER TO SHOW THE STOCK POSITION AS ON THE DATE OF FIRE AT THE PREMIS ES OF THE ASSESSEE, IS REQUIRED TO BE CONSIDERED AND SHOULD BE CONSIDERED BY THE AO. 5.2. AT THIS STAGE, THE LD. D/R HAS SUBMITTED THAT THE TRIBUNAL MAY TAKE THE LEGAL VIEW AS MAY BE PERMISSIBLE IN LAW. 7 ITA NO. 686/JP/2012 SHRI JITENDRA MADHANI VS. ACIT 5.3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSE D THE MATERIAL ON RECORD. IN OUR VIEW, IT WILL BE TRITE OF JUSTICE IF THE MATTER IS REMANDED TO THE FILE OF THE AO WITH THE DIRECTION TO CONSIDER THE LETTER ISSUED BY PUNJ AB & SIND BANK ON 17.04.2010 AND ALSO TO CONSIDER ALL OTHER DOCUMENTS WHICH ARE AVAI LABLE WITH THE BANK IN RESPECT OF THE STOCKS BEFORE THE FIRE TOOK PLACE. ACCORDINGLY THE MATTER IS REMANDED BACK TO THE FILE OF THE AO TO RE-EXAMINE THE ENTIRE ISSUE I N THE LIGHT OF THE RECORDS OF THE BANK, NAMELY, PUNJAB & SIND BANK WITH WHOM THE ASSE SSEE WAS HAVING THE O.D. LIMIT. THE ASSESSEE IS ALSO DIRECTED TO COOPERATE WITH THE AO AND SUBMIT ALL DOCUMENTS AS MAY BE REQUIRED ON CALLING UPON BY THE AO. IT IS, HOWEVER, MADE CLEAR THAT THE AO MAY, IF DEEM APPROPRIATE, SUMMON THE RECORD FROM THE BANK SO AS TO ASCERTAIN THE STOCK POSITION BEFORE OR IMMEDIATE LY BEFORE THE INCIDENT OF FIRE WHICH HAPPENED ON 09.10.2004. IN THE LIGHT OF THE ABOVE, THIS ISSUE IS DECIDED. 6. GROUND NO. 4 RELATES TO CONFIRMING ADDITION OF R S. 30,666/- ON ACCOUNT OF DISALLOWANCE OF INTEREST ON INTEREST FREE ADVANCE. THE ISSUE OF AVAILABILITY OF INTEREST FREE ADVANCES IS THE CONTENTIOUS ISSUE AS THE ASSES SEE SUBMITS THAT HE HAS SUBMITTED THE CONFIRMATION FROM THE CASH CREDITORS TO THE AO AS WELL AS TO THE LD. CIT (A). 6.1. ON THE OTHER HAND, THE LD. D/R HAS POINTED OUT THAT THE ASSESSEE HAS FAILED TO PRODUCE CONFIRMATION FROM THE CASH CREDITOR AS MENT IONED BY THE AO IN THE ASSESSMENT ORDER. AS THE CASE MAY BE, SINCE WE ARE REMANDING THE ISSUE NO. 2 TO THE FILE OF THE AO, IT WILL BE IN THE INTEREST OF J USTICE, LET A COMMON AND CONSOLIDATED ORDER IS PASSED IN RESPECT OF THIS ISSUE ALSO. HOWE VER, THE ASSESSEE IS DIRECTED TO 8 ITA NO. 686/JP/2012 SHRI JITENDRA MADHANI VS. ACIT PRODUCE ALL EVIDENCE/CONFIRMATION FROM THE CASH CRE DITORS TO SUBSTANTIATE THAT THE INTEREST FREE LOANS/ADVANCES WERE AVAILABLE. 7. GROUND NO. 5 RELATES TO CONFIRMING ADDITION OF R S. 1,11,300/- U/S 68 ON ACCOUNT OF CASH CREDIT AS INCOME FROM OTHER SOURCES . 7.1. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, T HE AO NOTED THE FOLLOWING CASH CREDITS TOTALLING TO RS. 1,11,300/- IN THE BOO KS OF THE ASSESSEE :- (A) SHRI SUNIL GOYAL RS. 18,500/- (B) SMT. INDIRA GOYAL RS. 16,300/- (C) SHRI SANANT CHATERJI RS. 20,000/- (D) SHRI VINOD GARG RS. 18,500/- (E) SHRI VINOD SINGHAL RS. 20,000/- (F) SHRI GOPAL LAL RS. 18,000/- ---------------- RS.1,11,300/- ---------------- IT WAS ALSO NOTED BY THE AO THAT THE LAST THREE CRE DITS HAVE BEEN SQUARED UP DURING THE YEAR UNDER CONSIDERATION, AND THAT NO INTEREST ON ANY OF THESE CREDITS WERE PAID BY THE ASSESSEE. ON BEING ASKED TO FURNISH THE CON FIRMATION FROM THE CASH CREDITORS, THE ASSESSEE COULD NOT FURNISH THE CONFI RMATIONS FROM THESE CREDITORS. THEREFORE, THE AO HELD THAT SINCE GENUINENESS OF TH E CASH CREDITS WAS NOT VERIFIABLE, HE MADE THE ADDITION OF THESE CASH CREDITS TO THE I NCOME OF THE ASSESSEE. 7.2. ON APPEAL, THE LD. CIT (A) CONFIRMED THE ACTIO N OF THE AO BY OBSERVING THAT THE LD. A/RS CLAIM OF FURNISHING THE CONFIRMATIONS BEFORE THE AO ARE NOT SUPPORTED BY ANY DOCUMENTARY EVIDENCE, THEREFORE, HE UPHELD T HE ORDER OF THE AO BY REJECTING THE GROUND OF THE ASSESSEE. 9 ITA NO. 686/JP/2012 SHRI JITENDRA MADHANI VS. ACIT 7.3. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED TH E MATERIAL AVAILABLE ON RECORD. WE HAVE GONE THROUGH THE ORDERS OF THE AUT HORITIES BELOW AND THE SUBMISSIONS MADE AVAILABLE BY THE LD. A/R FOR THE A SSESSEE. BEFORE US ALSO, NO DOCUMENTARY EVIDENCE ARE SUBMITTED BY THE LD. A/R E VIDENCING THAT THE CONFIRMATIONS WERE FURNISHED BEFORE THE AO. SINCE W E ARE REMANDING THE MATTER IN RESPECT OF OTHER GROUNDS MENTIONED HEREIN ABOVE, WE SET ASIDE THE ORDER OF THE LD. CIT (A) AND REMAND THE MATTER TO THE FILE OF THE AO TO DECIDE THE ISSUE AFRESH AFTER AFFORDING OPPORTUNITY OF BEING HEARD TO THE ASSESSE E. IN THE LIGHT OF ABOVE, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 2/06/2016. SD/- SD/- HKKXPUN YFYR DQEKJ ( BHAGCHAND ) (LALIET KUMAR) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 2/06/2016 DAS/ VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- SHRI JITENDRA MADHANI, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE ACIT, CIRCLE-3, JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 686/JP/2012) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR 10 ITA NO. 686/JP/2012 SHRI JITENDRA MADHANI VS. ACIT