SHRI RAJESH AGRAWAL, Dewas V. THE ACIT1(1), Ujjain

ITA 754/IND/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5960 (ITAT-INDORE)
• Duration Of Justice: 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 20-06-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 29-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHD JAVED
• Assessee Lawyers: A K MAHAJAN
• Keywords: Additional evidence
• Section: 234B

Judgement Text

RAJESH AGRAWAL ITA NO. 754/IND/2015 1 IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, INDORE BEFORE SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER ITA NO. 754/IND/2016 A.Y.2008-09 RAJESH AGRAWAL DEWAS PAN ADIPA 6009L ::: APPELLANT VS ASSTT. COMMISSIONER OF INCOME TAX 1(1), UJJAIN ::: RESPONDENT APPELLANT BY SHRI A.K. MAHAJAN AND SHRI SIDDHARTH MAHAJAN RESPONDENT BY SHRI MOHD. JAVED DATE OF HEARING 20.6.2016 DATE OF PRONOUNCEMENT 2 0 .6.2016 O R D E R THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 27.11.2015 OF THE LEARNED CIT( A), UJJAIN ON THE GROUNDS THAT THE LEARNED CIT(A) WAS NOT JUSTIFIED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN RAJESH AGRAWAL ITA NO. 754/IND/2015 2 TAXING DIFFERENCE IN BOOKS AND PHYSICAL STOCK OF GOLD AT RS.6,07,925/- , CHARGING OF INTEREST U/SS 234B, 234B AND 234C OF THE ACT. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR TH E ASSESSEE SUBMITTED THAT BEFORE THE LEARNED CIT(A) AS AN ADDITIONAL EVIDENCE, THE ASSESSEE VIDE HIS LETTER DATED 25.5.2012 HAD FILED COPY OF AFFIDAVIT GIVING DETAILS O F SEQUENCE OF EVENTS OF SURVEY PROCEEDINGS AND FACTS REGARDING STATEMENT RECORDED DURING THE COURSE OF SUR VEY BUT THE LEARNED CIT(A) DID NOT ADMIT THE SAME AND DECID ED THE ISSUE WITHOUT CONSIDERING THE FACTS MENTIONED TH EREIN. ON THE OTHER HAND, THE LEARNED DR SUPPORTED THE ORDE RS OF THE AUTHORITIES BELOW. 3. ON CONSIDERATION OF THE RIVAL SUBMISSIONS, I AM OF THE VIEW THAT SINCE THE ASSESSEE VIDE HIS LETTER DATED 25. 5.2012 HAD FILED AS AN ADDITIONAL EVIDENCE COPY OF AFFIDAVIT GIVI NG DETAILS OF SEQUENCE OF EVENTS OF SURVEY PROCEEDINGS AN D RAJESH AGRAWAL ITA NO. 754/IND/2015 3 FACTS REGARDING STATEMENT RECORDED DURING THE COURSE O F SURVEY, THE LEARNED CIT(A) WAS INCUMBENT TO DECIDE TH E SAME OR TO GIVE A FINDING THEREON. THE LEARNED CIT(A) DID NOT TAKE COGNIZANCE OF THE SAME. I, THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, ADMIT THE ADDITIONAL EVIDENCE IN THE FORM OF LETTER DATED 25.5.2012 FILED BY THE ASSESSEE BEFORE THE LEARNED CIT(A) AND DIRECT THE LEARNED CIT(A) TO T AKE COGNIZANCE OF THE SAME AND DECIDE IN ACCORDANCE WITH LAW . 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN OPEN COURT ON 20 JUNE, 2016 SD/- (D.T. GARASIA) JUDICIAL MEMBER 20 JUNE, 2016 DN/- RAJESH AGRAWAL ITA NO. 754/IND/2015 4