Sanjay Manikchand Raisoni, Pune V. Income-tax Officer, Pune

ITA 7/PUN/2012

• Counselvise Citation: 724514 RSA 2012
• Duration Of Justice: 1 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2013
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 03-01-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA
• Assessee Lawyers: SUNIL PATHAK
• Section: 40A(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE: SHRI G. S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NO.05/PN/2012 ASSESSMENT YEAR : 2008 - 09 SHRI MANIKCHAND GANESHMAL RAISONI, FLAT NO. 2, GREEN LEAF APARTMENT, BEHIND TRENDZ FURNITURE, LULLANAGAR, PUNE VS. INCOME-TAX OFFICER, WARD-2(1), PUNE (APPELLANT) (RESPONDENT) PAN NO. AARPR3937J ITA NO.06/PN/2012 ASSESSMENT YEAR : 2008 - 09 SHRI SANTOSH MANIKCHAND RAISONI, FLAT NO. 2, GREEN LEAF APARTMENT, BEHIND TRENDZ FURNITURE, LULLANAGAR, PUNE VS. INCOME-TAX OFFICER, WARD-2(1), PUNE (APPELLANT) (RESPONDENT) PAN NO. AASPR4767R ITA NO.07/PN/2012 ASSESSMENT YEAR : 2008 - 09 SHRI SANJAY MANIKCHAND RAISONI, A-301, SHRI SHANTINAGAR SOCIETY, SURVEY NO. 63/1/3, KONDHWA, PUNE VS. INCOME-TAX OFFICER, WARD-2(1), PUNE (APPELLANT) (RESPONDENT) PAN NO. AASPR4766Q APPELLANT BY: SHRI SUNIL PATHAK RESPONDENT BY: MS. ANN KAPTHUAMA DATE OF HEARING : 09-05-2013 DATE OF PRONOUNCEMENT : 31-05-2013 ORDER PER R.S. PADVEKAR, JM:- THESE THREE APPEALS ARE FILED BY THE DIFFERENT ASSESSEES . THESE ASSESSEES HAVE CHALLENGED THE RESPECTIVE IMPUGNED ORDE RS OF THE LD. CIT(A)-II, PUNE DATED 31-10-2011 FOR THE A.Y. 2008-09. 2 ITA NOS. 05, 06 & 07/PN/2012, MANIKCHAND GANESHMAL RAISONI, SANTOSH MANIKCHAND RAISONI, & SANJAY MANIKCHAND RAISONI 2. THE FIRST ISSUE IS DISALLOWANCE MADE BY THE ASSESSING O FFICER U/S.40A(3) OF THE INCOME-TAX ACT AS UNDER: NAME OF THE ASSESSEE A.Y. AMOUNT MANIKCHAND GANESHMAL RAISONI, 2008 - 09 RS.1,25,49,989/ - SANTOSH MANIKCHAND RAISONI, 2008 - 09 RS. 1,16,18,162/ - SANJAY MANIKCHAND RAISONI, 2008 - 09 RS. 1,60,85,785/ - 3. THESE ASSESSEES ARE TRADING IN FERROUS AND NON-FERRO US SCRAP MATERIAL BY BIDDING AUCTIONS FOR PURCHASING THE SCRAP HELD BY MSRTC, MSEB AND OTHER GOVERNMENT ORGANIZATIONS. IT WAS NOTIC ED BY THE ASSESSING OFFICER THAT THE ASSESSEE HAVE MADE CASH PAYM ENTS IN EXCESS OF RS.20,000/- IN VIOLATION OF PROVISIONS OF SEC.40A(3) OF THE AC T. THE ASSESSING OFFICER ACCORDINGLY MADE THE DISALLOWANCE AND MAD E THE ADDITION TO THE INCOME OF THESE ASSESSEES. THE SAID ADDIT IONS ARE CONFIRMED BY THE LD. CIT(A). NOW THE ASSESSEES ARE IN APPEAL BEFORE US. 4. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD. WE FIND THAT ON THE IDENTICAL SET OF FACTS FOR THE A.YS. 2006-07 AND 200 7-08, THE ASSESSING OFFICER HAD MADE THE DISALLOWANCE BY INVOKING SEC. 40A(3) OF THE ACT. WHEN THE MATTER REACHED BEFORE THE TRIBUNA L IN THE CASE OF THESE ASSESSEES BEING ITA NO. 835 & 1471/PN/2010 AND ITA NO. 836/PN/2010 & 1241/PN/2011 AND ITA NO. 834/PN/2010 & 1242/PN/2011 DATED 20-05-2013, THE ISSUE WAS SET ASID E TO THE FILE OF LD. CIT(A). WE THEREFORE FOLLOWING THE REASONS AND FINDINGS IN ASSESSEES OWN CASES FOR A.YS. 2006-07 AND 2007-08 RESTORE THE ISS UE TO FILE OF LD. CIT(A) IN THIS YEAR ALSO WITH DIRECTION TO DECIDE THE SAME DE NOVO. IN THE RESULT, THE RESPECTIVE GROUNDS TAKEN BY THE ASSESSEES ARE ALLOWED FOR THE STATISTICAL PURPOSE. 3 ITA NOS. 05, 06 & 07/PN/2012, MANIKCHAND GANESHMAL RAISONI, SANTOSH MANIKCHAND RAISONI, & SANJAY MANIKCHAND RAISONI 5. THE NEXT ISSUE IS THE ADDITION MADE U/S.68 OF THE ACT AND THIS ISSUE IS ARISES ONLY IN THE APPEAL FILED BY SHRI MANIKCHAND G . RAISONI BEING ITA NO. 05/PN/2012. THE ASSESSING OFFICER MADE THE ADDITION TO THE EXTENT OF RS.11,35,745/- THE SAID ADDITION WAS CONFIRME D BY THE LD. CIT(A). 6. WE HAVE HEARD THE PARTIES. WE FIND THAT ON THE IDENT ICAL SET OF FACTS THE ADDITION HAS BEEN CONFIRMED BY THE TRIBUNAL IN TH E ASSESSEES OWN CASE FOR THE A.YS. 2006-07 AND 2007-08. WE THEREFOR E FOLLOWING THE ORDER OF THE TRIBUNAL BEING ITA NO. 835 & 1471/PN/2010 DATED 20-05- 2013 CONFIRMED THE ADDITION. ACCORDINGLY THE GROUND NO. 6 IN THE CASE OF SHRI MANIKCHAND G. RAISONI IS DISMISSED. 7. THE NEXT ISSUE IS THE DISALLOWANCE OF INTEREST FOR NOT CH ARGING THE INTEREST ON THE ADVANCES MADE BY THESE ASSESSEES. THE ASSESSING OFFICER MADE THE DISALLOWANCE INTEREST IN THE CASE OF THESE ASSESSEES AS UND ER: NAME OF THE ASSESSEE A.Y. AMOUNT MANIKC HAND GANESHMAL RAISONI, 2008 - 09 RS.2,60,273/ - SANTOSH MANIKCHAND RAISONI, 2008 - 09 RS.3,52,847/ - SANJAY MANIKCHAND RAISONI, 2008 - 09 RS.2,26,588/ - 8. WE HAVE HEARD THE PARTIES. WE FIND THAT THE IDENTICAL ISSUE HAS BEEN CONSIDERED BY THE TRIBUNAL IN THE ASSESSEES OWN CA SE IN A.YS. 2006-07 AND 2007-08. WE THEREFORE FOLLOWING OUR REASONS AND FINDINGS IN THOSE YEARS SET ASIDE THIS ISSUE TO FILE OF LD. CIT(A) FOR FRESH ADJUDICATION AND ACCORDINGLY RESPECTIVE GROUNDS ARE ALLOW ED FOR STATISTICAL PURPOSE. 4 ITA NOS. 05, 06 & 07/PN/2012, MANIKCHAND GANESHMAL RAISONI, SANTOSH MANIKCHAND RAISONI, & SANJAY MANIKCHAND RAISONI 9. IN THE RESULT, ALL THE APPEALS ARE PARTLY ALLOWED FOR ST ATISTICAL PURPOSE. PRONOUNCED IN THE OPEN COURT ON 31-05-2013 SD/- SD/- (G.S. PANNU) (R.S. PADVEKAR) ACCOUNTANT MEMBER JUDICIAL MEMBER RK/PS PUNE, DATED: 31 ST MAY, 2013 COPY TO 1 ASSESSEE 2 DEPARTMENT 3 THE CIT(A) - II, PUNE 4 THE C C IT , PUNE 5 THE DR, ITAT, A BENCH, P UNE . 6 GUARD FILE. //TRUE COPY// BY ORDER PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL PUNE