Ushaben H.Shah, Dahod V. The ACIT.,Cent.Circle-1, Baroda

ITA 765/AHD/2010

• Counselvise Citation: 76520514 RSA 2010
• Duration Of Justice: 2 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2012
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 11-03-2010
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: DINESH CHANDRA SHARMASR
• Keywords: Search and seizure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT , JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER ITA NO. 765/AHD/2010 ASSESSMENT YEAR :2007-08 USHABEN H SHAH, 1, AMRUTWADI, YAMUNA NIVAS, STATION ROAD, DAHOD V/S . ACIT, CENTRAL CIRCLE-1, BARODA PAN NO. A H NPS 0368D (APPELLANT) .. (RESPONDENT) BY APPELLANT SHRI SAKAR SHARMA, A.R. /BY RESPONDENT SHRI DINESH CHANDRA SHARMA,SR. D .R. /DATE OF HEARING 16.05.2012 /DATE OF PRONOUNCEMENT 31.05.2012 O R D E R PER : T.R.MEENA, ACCOUNTANT MEMBER THIS IS APPEAL ARISES OUT OF ORDER OF CIT(A)-IV, A HMEDABAD, ORDER DATED 07.12.2009 FOR ASSESSMENT YEAR 2007-08. THE EFFECT IVE GROUND OF APPEAL IS AS UNDER:- 1. LD. CIT (A) ERRED ON FACTS AND IN LAW IN CONFIR MING ADDITION OF RS. 15,07,760/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINED JEWELLERY FOUND IN THE COURSE OF SEARCH . ITA NO. 765/AHD/2010 A.Y.2007-08 PAGE 2 2. THE FIRST GROUND IS AGAINST THE ADDITION OF RS. 15,07,760/- ON ACCOUNT OF UNEXPLAINED JEWELLERY FOUND DURING THE COURSE OF SE ARCH. THE A.O. OBSERVED THAT DURING THE COURSE SEARCH AND SEIZURE OPERATION DATED 19.09.2006 IN THIS GROUP TOTAL JEWELLERY IN THE NAME OF ASSESSEE WAS F OUND WORTH RS.23,52,994/-. THE A.O. CONSIDERED THE REPLY OF THE ASSESSEE DURIN G THE COURSE OF ASSESSMENT PROCEEDING ON PAGE 2 TO 4 OF THE ASSESSM ENT ORDER AND ASSESSED UNDISCLOSED JEWELLERY AT RS. 17,42,764/-. 3. BEING AGGRIEVED BY THE ORDER OF A.O., THE ASSESS EE FILED FIRST APPEAL BEFORE LD. CIT(A)-IV, AHMEDABAD, WHO HAS CONSIDERED THIS ISSUE ON PAGE 3 & 4 AND FINALLY ALLOWED MARGINAL RELIEF OF RS. 2,34,7 04/- AND CONFIRMED THE ADDITION OF RS. 15,07,760/-. 4. NOW THE ASSESSEE IS IN SECOND APPEAL BEFORE US. LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED RECONCILIATION STATEMENT OF JEWELLERY OF THE OTHER FAMILY MEMBERS OF GROUP CASES ALONGWITH THE DISCLOS URE SHEET AND ACCEPTED THAT THIS ASPECT REQUIRES FURTHER VERIFICATION BY T HE A.O. AT HIS LEVEL. LD. D.R. HAS NOT OPPOSED. 5. WE HAVE CONSIDERED VIEW THAT THIS MATTER IS REQU IRED VERIFICATION BY THE A.O. ALONGWITH OTHER FAMILY MEMBERS OF THIS GROUP A ND VERIFY THE DISCLOSURE MADE BY THE FAMILY MEMBERS OF THE ASSESSEE FROM THE WEALTH TAX RETURN OR OTHER REASONABLE EXPLANATION WHICH IS PART OF THIS LETTER OF EXPLANATION SUBMITTED BEFORE US. THEREFORE, THIS MATTER IS SET ASIDE TO THE A.O. TO VERIFY THE CORRECTNESS OF RECONCILIATION SUBMITTED BY THE ASSESSEE WITH REFERENCE TO EVIDENCE. ACCORDINGLY, MATTER IS SET ASIDE. ITA NO. 765/AHD/2010 A.Y.2007-08 PAGE 3 6. IN THE RESULT, THIS GROUND OF APPEAL IS SET ASID E AND DECIDED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE. SD/- SD/- ( MUKUL KR. SHRAWAT) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY S.K.SINHA ! ! ! ! '! '! '! '! / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '(' ) * / CONCERNED CIT 4. *- / CIT (A) 5. !./ ), ) , 12( / DR, ITAT, AHMEDABAD 6. /45 67 / GUARD FILE. BY ORDER/ , 8/ 1 ': ) , 12( ; STRENGTHEN PREPARATION & DELIVERY OF ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 28.05.2012 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/LAPTOP/DRAGON DICTATE XXXX 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 29.05.2012 4) DATE OF CORRECTION 29.05.2012 5) DATE OF FURTHER CORRECTION 6) DATE OF INITIAL SIGN BY MEMBERS 31.05.2012 7) ORDER UPLOADED ON 8) ORIGINAL DICTATION PAD HAS BEEN ENCLOSED IN THIS FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON