SUBRAMANYAM BIPARAPPA POOJARI, MUMBAI V. ITO WD 20(3)-2, MUMBAI

ITA 8800/MUM/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 87915 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 12-01-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 28-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEIL PHILIPDR
• Keywords: Unexplained cash credit; Opportunity of being heard
• Section: 68; 144

Judgement Text

, , , , , ,, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA NO.8800/MUM/2011 ASSESSMENT YEAR: 2007-08 SUBRAMANYAM BIPARAPPA POOJARI, MATHADI KAMGAR UNION NAKA, GIRIRAJ INDUSTRIAL GATE, OPP. KRISHNAN HOTER, SHANTI NAGAR, MAHAKALI CAVES ROAD, ANDHERI EAST, MUMBAI-400093 / VS. IT O, WARD-20(3)-2, ROOM NO.609, 6 TH FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI-400012 ( # / REVENUE) ( $%& /ASSESSEE) P.A. NO.AMRPP3940P $%& ' ( ' ( ' ( ' ( / // / ASSESSEE BY) NISHIT GANDHI # ' ( ' ( ' ( ' ( / REVENUE BY : SHRI NEIL PHILIP - DR ' &) / / / / DATE OF HEARING : 13 /01/2015 *+, ' &) / DATE OF PRONOUNCEMENT : 13/01/2015 DATE OF ORDER : - - - - ' &) / 15/01/2015 - - - - / / / / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) : THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DAT ED 18/11/2011 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI , ON THE GROUND THAT ADDITION OF RS.11,51,300/- WAS WRON GLY SUBRAMANYAM BIPARAPPA POOJARI 2 MADE AS UNEXPLAINED CASH CREDIT U/S 68 OF THE INCOM E TAX ACT, 1961. 2. AT THE TIME OF HEARING, THE CRUX OF ARGUMENTS ADVANCED BY THE LD. COUNSEL FOR THE ASSESSEE, SHRI NISHIT GANDHI, IS THAT THE ACCOUNT SO REPORTED UNDE R AIR FOR CASH DEPOSIT WITH JOGESHWARI (EAST) BRANCH DOES NOT BELONG TO THE ASSESSEE. ON THE OTHER HAND , THE LD. DR, SHRI NEIL PHILP, DEFENDED THE CONCLUSIO N ARRIVED AT BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) BY SUBMITTING THAT IN SPITE OF OPPORTUNIT IES PROVIDED TO THE ASSESSEE, THE ASSESSEE DID NOT AVAI L AND THUS THE ASSESSING OFFICER FRAMED THE ASSESSMENT U/ S 144 OF THE ACT. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE FACT S, IN BRIEF, ARE THAT ASSESSEE DECLARED INCOME OF RS.98,2 00/- IN HIS RETURN FILED ON 06/09/2007. THE CASE OF THE ASSESSEE WAS SELECTED FOR SCRUTINY UNDER CASS, CONSEQUENTLY, NOTICE U/S 143(2) OF THE INCOME TAX A CT, 1961 (HEREINAFTER THE ACT) WAS ISSUED AND SERVED UP ON THE ASSESSEE. IT IS NOTED THAT IN SPITE OF VARIOUS NOTICES, THE ASSESSEE DID NOT RESPOND. THERE WAS AN AIR INFORMATION WITH THE ASSESSING OFFICER THAT THERE W AS CASH DEPOSIT OF RS.22,75,187/- IN THE SYNDICATE BAN K, JOGESHWARI BRANCH. IN THE ABSENCE OF ANY DETAILS F ROM THE ASSESSEE AND ANY EXPLANATION PURSUANT TO NOTICE S ISSUED, THE ASSESSING OFFICER FRAMED THE ASSESSMENT U/S 144 OF THE ACT ON THE BASIS OF MATERIAL AVAILAB LE ON RECORD. NOW BEFORE US, THE CLAIM OF THE ASSESSEE I S THAT SUBRAMANYAM BIPARAPPA POOJARI 3 THE ACCOUNT DOES NOT BELONG TO THE ASSESSEE. WITHO UT GOING INTO MUCH DELIBERATION AND THE MATERIAL AVAIL ABLE ON RECORD, WE REMAND THIS FILE TO THE FILE OF THE ASSESSING OFFICER TO EXAMINE THE CLAIM OF THE ASSES SEE AND DECIDE AFRESH IN ACCORDANCE WITH LAW. THE ASSES SEE BE GIVEN OPPORTUNITY OF BEING HEARD WITH FURTHER LI BERTY TO FURNISH EVIDENCE, IF ANY, IN SUPPORT OF HIS CLAI M, BE PROVIDED TO THE ASSESSEE. THUS, APPEAL OF THE ASSES SEE IS ALLOWED FOR STATISTICAL PURPOSES. KEEPING IN VIE W, THE HISTORY OF NON-COMPLIANCE (AS MENTIONED IN THE ASSESSMENT ORDER) BY THE ASSESSEE TO THE NOTICES IS SUED TO HIM, THE ASSESSEE IS DIRECTED TO APPROACH THE OF FICE OF THE ASSESSING OFFICER WITHIN FIFTEEN DAYS FROM THE RECEIPT OF THIS ORDER. THE ASSESSING OFFICER IS AT LIBERTY TO FRAME THE ASSESSMENT AFRESH AT HIS CONVENIENCE O N A MUTUALLY AGREED DATE. IF THE ASSESSEE STILL REMAIN S ABSENT, THE LD. ASSESSING OFFICER IS FREE TO DECIDE ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 13/01/2015. - ' *+, . / 13/01/2015 + ' 5 SD/ - (SANJAY ARORA) SD/ - (JOGINDER SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER SUBRAMANYAM BIPARAPPA POOJARI 4 MUMBAI; . DATED : 15/01/201 5 F{X~{T? P.S/. .. - ' 7&8 98,& - ' 7&8 98,& - ' 7&8 98,& - ' 7&8 98,&/ COPY OF THE ORDER FORWARDED TO : 1. :; / THE APPELLANT 2. 7<:; / THE RESPONDENT. 3. = ( ) / THE CIT, MUMBAI. 4. = / CIT(A)- , MUMBAI 5. 8?5 7& , , / DR, ITAT, MUMBAI 6. 5@$ A / GUARD FILE. - - - - / BY ORDER, <8& 7& //TRUE COPY// B BB B/ // /C # C # C # C # (DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI