Gauriben Govindbhai Balar, Surat V. Income tax Officer,Ward 3(2)(2), Surat

ITA 82/SRT/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9435 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 11-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SITA RAM MEENA SRDR
• Keywords: Unexplained cash credit
• Section: 147; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO. 82/SRT/2019 (AY 2010-11) (H EARING IN VIRTUAL COURT) GAURIBEN GOVINDBHAI BALAR 59, KANTARESHWAR SOCIETY, KATARGAM, SURAT-395004 PAN : AASPB 9310 L VS INCOME TAX OFFICER WARD-3(2)(2), AAYKAR BHAVAN, ROOM 416, MAJURA GATE, SURAT- 395001 ASSESSEE / APPELLANT REVENUE /RESPONDENT ASSESSEE BY NONE REVENUE BY SHRI SITA RAMMEENA SR-DR DATE OF HEARING 29.07.2021 DATE OF PRONOUNCEMENT 29.07.2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-3, SURAT DATED 16.11.2018 FOR ASSESSMENT YEAR (AY) 2010-11. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL:- THE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN LAW AND ON FACTS IN CONFIRMING ADDITION OF RS.22,40,000/-U/S 68 OF THE ACT. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE FILED HER RETURN OF INCOME FOR AY 2010-11 ON 15.02.2011 DECLARING INCOME OF RS.2,00,530/-. THE ASSESSING OFFICER COMPLETED ASSESSMENT U/S 144 R.W.S 147 OF THE ACT ON 27.12.2017. THE ASSESSING OFFICER WHILE PASSING THE RE-ASSESSMENT ORDER MADE THE DISALLOWANCE OF UNEXPLAINED CASH CREDIT OF RS.22,40,000/- AND INITIATED PENALTY PROCEEDINGS U/S 271(1)(C). THE CASE WAS SELECTED FOR ITA NO.82/SRT/2019 (AY 10-11) GAIRONEM G.BALAR 2 SCRUTINY UNDER CASS. THE ASSESSING OFFICER WHILE PASSING THE ASSESSMENT ORDER TREATED IMMOVABLE PROPERTY FOR SALE CONSIDERATION INCOME OF RS.35.60 LAKH AS UNVERIFIED CASH CREDIT AND ADDED THE SAME TO THE INCOME OF ASSESSEE THEREBY ASSESSING TOTAL INCOME OF RS.35.60 LAKH. ON APPEAL BEFORE THE LD.CIT(A), THE ACTION OF AO WAS UPHELD. FURTHER AGGRIEVED, THE ASSESSEE HAS FILED PRESENT APPEAL BEFORE THIS TRIBUNAL. 3. ON APPEAL BEFORE THE LD. COMMISSIONER OF INCOME-TAX (APPEALS) (CIT(A) FOR SHORT) THE PENALTY WAS UPHELD. THE LD. CIT(A) UPHELD THE PENALTY ORDER IN EX PARTE PROCEEDINGS. FURTHER AGGRIEVED THE ASSESSEE FILED APPEAL BEFORE THE TRIBUNAL. 4. PERUSAL OF IMPUGNED ORDER REVEALS THAT APPEAL OF THE ASSESSEE DISMISSED BY LD.CIT(A) AS UNADMITTED DUE TO NON-COMPLIANCE OF NOTICE, BY TAKING VIEW THAT ASSESSEE IS NOT INTEREST IN PERUSING HIS APPEAL. THE LD CIT(A) NOT ADJUDICATED THE ISSUE ON MERIT, RATHER DISMISSED DUE TO NON-COMPLIANCE OF NOTICES. NONE APPEARED ON BEHALF OF THE ASSESSEE. THUS, WE DECIDED TO HEAR THE SUBMISSIONS OF LD. DR FOR THE REVENUE AND ADJUDICATE THE APPEAL ON THE BASIS OF THE MATERIAL AVAILABLE ON RECORD. 5. THE LD. SR.DR FOR THE REVENUE SUBMITS THAT THE ASSESSEE WAS GIVEN FOUR OPPORTUNITY AS RECORDED IN PAGE 2 OF THE ORDER PASSED BY THE LD.CIT(A). THE ASSESSEE FAILED TO COMPLY WITH THE NOTICE ISSUED BY THE LD.CIT(A). THE LD.CIT(A) LEFT WITH NO OPTION, EXCEPT TO PROCEED TO DECIDE THE ISSUE AND IN ABSENCE OF ANY EVIDENCE OR EXPLANATION AFFIRM THE ACTION OF AO. IN ALTERNATIVE SUBMISSION, THE LD.SR.DR FOR THE REVENUE SUBMITS THAT IN CASE THE ITA NO.82/SRT/2019 (AY 10-11) GAIRONEM G.BALAR 3 HONBLE TRIBUNAL IS DEEM APPROPRIATE, THE ASSESSEE BE DIRECTED TO BE VIGILANT AND NOT TO DEFAULT IN ATTENDING THE PROCEEDINGS AND TO WASTE THE TIME OF PUBLIC AUTHORITIES/LD.CIT(A). 6. WE HAVE CONSIDERED THE RIVAL SUBMISSION OF LD. DR FOR THE REVENUE AND HAVE GONE THROUGH THE ORDERS OF LOWER AUTHORITIES. WE FIND THAT THE LD. CIT(A) FIXED THE HEARING ON 31.10.2018. IT IS RECORDED BY LD. CIT(A) THAT NO COMPLIANCE WAS MADE BY THE ASSESSEE. HOWEVER, FIND THAT THE LD CIT(A) HAS NOT RECORDED HIS SATISFACTION THAT THE NOTICE SENT THROUGH SPEED POST WAS DULY SERVED ON THE ASSESSEE OR NOT. WE INSTEAD OF GOING INTO CONTROVERSY, WHETHER THE ASSESSEE DEFAULTED IN ATTENDING THE PROCEEDINGS DESPITE SERVICE OF NOTICE OR NOT, BEFORE THE LD.CIT(A). WE FIND THAT THE ORDER OF THE LD.CIT(A) IS NOT IN ACCORDANCE WITH MANDATE OF SECTION 250(6) OF THE INCOME TAX ACT. SECTION 250(6) OF THE ACT MANDATES THAT THE LD. CIT(A) WHILE DECIDING THE APPEAL IS REQUIRED TO PASS ORDER ON POINTS OF DETERMINATION (GROUNDS OF APPEALS), DECISION THEREIN ON AND REASONS FOR SUCH DECISION. THEREFORE, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, THE APPEAL OF THE ASSESSEE IS RESTORED BACK TO THE FILE OF THE LD.CIT(A) TO DECIDE ALL THE GROUNDS OF APPEAL ON MERIT IN ACCORDANCE WITH LAW. NEEDLESS TO ORDER THAT BEFORE PASSING THE ORDER THE LD. CIT(A) SHALL GRANT FAIR OPPORTUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE IS ALSO DIRECTED TO APPEAR BEFORE THE LD.CIT(A) AS AND WHEN THE DATE OF HEARING AND TO PROVIDE ALL NECESSARY EVIDENCE AND INFORMATION WITHOUT ANY FURTHER DELAY AND NOT TO SEEK THE ADJOURNMENT ITA NO.82/SRT/2019 (AY 10-11) GAIRONEM G.BALAR 4 WITHOUT ANY VALID REASONS. ACCORDINGLY THE GROUNDS OF APPEAL BY ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE. 7. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER ANNOUNCED AT THE TIME OF HEARING OF APPEAL ON THURSDAY, 29 TH JULY 2021 IN THE VIRTUAL COURT HEARING. ( DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 29/07/2021 DKP. SR.P.S. O.S COPY TO: 1. APPELLANT-GAURIBEN G BALAR 59, KANTARESHWAR SOCIETY, KATARGAM, SURAT-395004 2. RESPONDENT- ITO, WD-3(2)(2), AAYKAR BHAVAN, ROOM 416, MAJURAGATE, SURAT-395001 3. CIT(A)-3, SURAT 4. CIT 5. DR 6. GUARD FILE TRUE COPY/ BY ORDER ASSISTANT REGISTRAR, ITAT, SURAT TRUE COPY/ DATE INITIAL DRAFT ORDER WAS PREPARED BY AUTHOR HIMSELF 13/07/2021 DRAFT PLACED BEFORE AUTHOR 13/07/2021 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 13/07/2021 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. ITA NO.82/SRT/2019 (AY 10-11) GAIRONEM G.BALAR 5 13/07/2021 APPROVED DRAFT COMES TO THE SR.PS/PS 13/07/2021 KEPT FOR PRONOUNCEMENT ON OPEN COURT FILE SENT TO THE BENCH CLERK /07/2021 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER. DRAFT DICTATION SHEETS ARE ATTACHED