Shri Dinesh Kantilal Jariwala, Surat V. The Income tax Officer,Ward-5(1), Surat

ITA 743/AHD/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 94275 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 03-08-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 30-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: S H RI G.D. AGRAWAL , VICE PRESIDENT AND SHR I S.S. GODARA , JUDICIAL MEMBER SHRI DINESH KANTILAL JARIWALA, 1/3735, KRUSHNA NIWAS, NR. GULLT TO ANNIE BESANT HALL, G O PIPURA, SURAT - 395001 PAN: AEKPJ2253G (APPELLANT) VS INCOME TAX OFFICER, WARD 5(1) , SURAT (RESPONDENT) REVENUE BY : S H RI PARVEEN KUMAR , SR. D . R. ASSESSEE BY: WRITTEN SUBMISSION DATE OF HEARING : 03 - 08 - 2 015 DATE OF PRONOUNCEMENT : 14 - 08 - 2 015 / ORDER P E R : S. S. GODARA , JUDICIAL MEMBER : - THIS ASSESSEE S APPEAL FOR A.Y. 2008 - 09, AR ISES FROM ORDER OF THE CIT(A) - I , SURAT DATED 08 - 02 - 2012 IN APPEAL NO. CAS - I/203/20 11 - 12 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 743 / A HD/20 12 A SSESSMENT YEAR 200 8 - 09 I.T.A NO. 743 /AHD/2 012 A.Y. 2008 - 09 PAGE NO SHRI DINESH KANTILAL JARIWALA VS. ITO 2 2. THE ASSESSEE S GROUNDS CHALLENGE THE LOWER APPELLA TE EX - PARTE ORDER CONFIRMING ASSESSING OFFICER ACTION IN ADDING A SUM OF RS. 2,98,000/ - AS UNEXPLAINED CREDIT S IN ITS BOOKS OF ACCOUNTS AS MADE IN THE ASSESSMENT ORDER DATED 22 - 12 - 2008 ; BY ALLEGING NO N - SERVICE OF NOTICE IN THE LOWER APPELLATE PROCEEDINGS AND ABSENCE OF REASONS GIVEN IN THE LOWER APPELLATE ORDER IN AFFIRMING IMPUGNED ADDITION ON MERITS. 3. THE ASSES SEE - INDIVIDUAL FILED HIS RETURN ON 24 - 10 - 210 ADMITTING INCOME OF RS. 1,04,160/ - . THE A SSESSING TOOK UP SCRUTINY . THE ASSESSEE DOES NOT SEEM TO HAVE FILED DETAILS . THIS RESULTED IN A PENALTY OF RS. 10,000/ - U/S. 271(1)(B) VIDE ORDER DATED 16 - 11 - 2010. THEREAFTER, THE AS SES SEE S AUTHORIZED REPRESENTATIVE APPEARED. THE ASS ESSING OFFICER FOU ND FROM ASSESSEE S BOOKS IMPUGNED UNSECURED LOAN OF R S. 2,98,000/ - IN THE NAME OF SHRI KANTILAL M. JARIWALA. HE SOUGHT FOR ITS CONFIRMATION AND NECESSARY EVIDENCE. THE ASSESSEE PLACED ON RECORD LEDGER ACCOUNT ALONG WITH BANK DETAIL S. THE ASSESSING OFFI CER NOTICED THAT A SUM OF RS. 1,45,000/ - HAD BEEN SHOWN AS OPENING BALANCE AND REMAINING AMOUNT OF RS. 1,53,000/ - WAS RECEIVED DURING THE RELEVANT PREVIOUS YEAR. VERIFICATION OF BANK STATEMENT REVEALED ONLY A SUM OF RS. 1,18,000/ - OUT OF RS. 1,53,000/ - . THE ASSESSING OFFICER QUOTED THE ASSESSEE S FAILURE I N F I LING RELEVANT EXPLANATION AND DOUBTED CR EDITWORTHINESS OF HIS CREDITOR FOR WANT OF BANK STATEMENT , SOURCE AND INCOME TAX RECORD. ALL THIS RESULTED IN THE IMPUGNED ADDITION OF UNEXPLAINED CRED ITS OF RS . 2,98,000/ - IN QUESTION. 4. THE ASSESSEE PREFERRED APPEAL. THE CIT(A) STATES IN HIS ORDER THAT THREE NOTICES DATED 09 - 09 - 2011, 06 - 01 - 2012 AND 24 - 04 - 2012 WERE ISSUED. THE ASSESSEE DID NOT APPEAR. THEREAFTER, THE ASSESSEE S APPEAL STANDS I.T.A NO. 743 /AHD/2 012 A.Y. 2008 - 09 PAGE NO SHRI DINESH KANTILAL JARIWALA VS. ITO 3 DISMISSED. WE FIND THAT THE LOWER APPELLATE ORDER NO - WHERE DEALS WITH MERITS OF THE IMPUGNED ADDITION WITH DETAILED REASON . 5. C ASE CALLED TWICE. THE ASSESSEE S AUTHORIZED REPRESENTATIVE HAS FILED WRITTEN SUBMISSION S DATED 31 - 07 - 2015 ALLEGING THE CIT(A) S ORDER TO BE TOTALLY NON - SPEAKING. WE FIND FORCE IN THE SAME. THE CIT(A) DOES NOT DISCUSS ANY EVIDENCE ON RECORD I.E. ASSESSEE S BOOK S , BANK S STATEMENT S , CREDITORS EVIDENCE (SUPRA) IN CONFIRMING IMPUGNED ADDITION . THE REVENUE FAILS TO REBUT THIS FACTUAL POS ITION. WE FIND APPROPRIATE IN THESE FACTS THAT THE LD. CIT (A) SHALL PASS A FRESH ORDER AS PER LAW AFTER TAKING INTO ACCOUNT ALL EVIDENCE ON RECORD . WE ORDER ACCORDINGLY. THE ASSESSEE S GROUNDS ARE ALLOWED FOR STATISTICAL PURPOSE. 6. THIS ASSESSEE S AP PEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PR ONOUNCED IN THE OPEN C OURT ON 14 - 08 - 2015 SD/ - SD/ - ( G. D. AGRAWAL ) ( S.S. GODARA ) VICE PRESIDENT JUDICIAL MEMBER AHMEDAB AD : DATED 14 /08 /2015 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,