Shri Pradeep Raghunathaprasad Tyagi, Bhavnagar V. The ACIT.,Circle-1, Bhavnagar

ITA 819/AHD/2009

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 80325 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 04-08-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 13-03-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIMESH YADAV SR DR
• Assessee Lawyers: M K PATEL

Judgement Text

, , , , C, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, C BENCH . .. . . .. . , !' !' !' !', , , , #$ %&'( #$ %&'( #$ %&'( #$ %&'(, , , , )* + ) ' )* + ) ' )* + ) ' )* + ) ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER) ITA NO.819/AHD/2009 [ASSTT.YEAR : 2005-2006] PRADEEP RAGHUNATHPRASAD TYAGI PROP. PRAGATI TRADERS 207, SHOBHARAJ COMPLEX WAGHAWADI ROAD, BHAVNAGAR. PAN : ABWPT 5422 E /VS. ACIT, CIR.1 BHAVNAGAR. ( (( (-. -. -. -. / APPELLANT) ( (( (/0-. /0-. /0-. /0-. / RESPONDENT) 1& 2 3 )/ ASSESSEE BY : SHRI M.K. PATEL + 2 3 )/ REVENUE BY : SHRI NIMESH YADAV, SR.DR 5 2 &(*/ DATE OF HEARING : 4 TH AUGUST, 2014 678 2 &(*/ DATE OF PRONOUNCEMENT : 05/09/2014 )9 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL BY THE ASSESSEE FOR THE ASSTT.YEAR 2005-2006 IS DIRECTED AGAINST THE OR DER OF THE CIT(A). 2. THE GROUNDS NO.1 AND 2 OF THE APPEAL OF THE ASSE SSEE ARE AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.1,25,000/- I N RESPECT OF MONEY RECEIVED BY THE ASSESSEE THROUGH A DEMAND DRAFT ISS UED BY THE MUZAFERNAGAR DISTRICT COOPERATIVE BANK LTD., MAIN B RANCH, MUZAFFERNAGAR (UIP) AND DULY DEBITED IN THE ASSESSE ES BANK ACCOUNT NO.23628 FOR THAT PURPOSE. ITA NO.819/AHD/2009 -2- 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, LD.CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.19,25,000/- TRANSFERRED IN THREE INSTALMENTS FROM THE ASSESSEES CAPITAL ACCOU NT IN THE BOOKS OF HIS MUZAFFERNAGAR BRANCH. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT ALL THE NECESSARY EVIDENCES WERE FILED BEFORE THE AO TO PROVE GENUINE NESS OF THE AMOUNT IN QUESTION, BUT THE SAME WAS NOT CONSIDERED BY THE AO . HE REFERRED TO RELEVANT PAGES IN THE COMPILATION FILED BY THE ASSE SSEE BEFORE THE TRIBUNAL. HE SUBMITTED THAT THE ASSESSEE IS READY TO GET THE SAME VERIFIED BEFORE THE AO. THE LEARNED DR SUBMITTED THAT THE CIT(A) HAS G IVEN A FINDING THAT THE ASSESSEE HAS NOT FILED THESE DETAILS BEFORE THE AO, AND IN CASE THE TRIBUNAL INTENDS TO RESTORE THE MATTER FOR DE NOVO DECISION, IT SHOULD BE RESTORED TO THE FILE OF THE CIT(A). HE RELIED ON T HE ORDERS OF THE AO AND THE CIT(A). 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT THE ASSESSEE HAS S TATED BEFORE THE CIT(A) THAT ALL THE NECESSARY DETAILS AND DOCUMENTA RY EVIDENCES IN SUPPORT OF THE CASE OF THE ASSESSEE WERE FILED BEFO RE THE AO. THE ASSESSEE HAS ALSO CERTIFIED ON THE COVER PAGE OF ITS COMPILA TION BEFORE US THAT THE COPIES OF THE BALANCE SHEET, PROFIT & LOSS ACCOUNT ETC. ALONG WITH COPIES OF AFFIDAVIT AND BANK STATEMENTS OF THE CREDITORS WERE FILED BEFORE THE AO. IN THESE FACTS OF THE CASE, AND PARTICULARLY IN VIEW O F THE FACT THAT THE CASE INVOLVES FACTUAL ASPECTS OF THE MATTER, WE HOLD THA T IT SHALL BE IN THE INTEREST OF JUSTICE TO PROVIDE ONE MORE OPPORTUNITY TO THE ASSESSEE TO PLEAD ITS CASE BEFORE THE REVENUE AUTHORITIES. HOWEVER, CONSIDERING THE PLEA OF THE LEARNED DR, WE ARE RESTORING THE ISSUE IN THESE GROUNDS OF THE APPEAL OF THE ASSESSEE TO THE FILE OF THE CIT(A) WITH DIRECTI ON TO PASS A DE NOVO ITA NO.819/AHD/2009 -3- APPELLATE ORDER IN ACCORDANCE WITH LAW, AND ASSESSE E SHALL BE AT LIBERTY TO FILE ANY EVIDENCE IN SUPPORT OF ITS CASE. 5. IN VIEW OF OUR SETTING ASIDE OF THE ISSUE IN THE GROUND NOS. 1 AND 2 TO THE FILE OF THE CIT(A), WE HOLD THAT IT SHALL BE IN THE FITNESS OF THING THAT THE ISSUE IN THE GROUND NOS.3 TO 5 INVOLVING COMPAR ATIVELY SMALLER ADDITION ON ACCOUNT OF CASH CREDIT TO THE FILE OF THE CIT(A) WITH DIRECTION TO PASS D E NOVO APPELLATE ORDER IN ACCORDANCE WITH LAW, AFTER PROV IDING REASONABLE OPPORTUNITY OF HEARING TO BOTH THE PARTIES. WE DIR ECT ACCORDINGLY. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD