ACIT, UDAIPUR V. M/s. Bhim Singh Chundawat & Party, KOTA

ITA 92/JODH/2010

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5263 (ITAT-JODHPUR)
• Duration Of Justice: 6 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 08-03-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 23-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L MOURYA

Judgement Text

IN THE INCOME TAX APPELALTE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE: SHRI N. S. SAINI, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER I.T.A.NO.92/JODH/2014 ASSESSMENT YEAR: 2005-06 THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, UDAIPUR, RAJASTHAN VS. M/S. BHIM SINGH CHUNDAWAT & PARTY, 106, VALLAB BARI, KOTA, RAJASTHAN , PAN : AAAAB4787G APPELLANT RESPONDENT APPELLANT BY SHRI S. L. MOURYA, D.R. RESPONDENT BY NONE DATE OF HEARING: 08.03.2016 DATE OF PRONOUNCEMENT: 08.03.16 O R D E R PER: GEORGE MATHAN, J.M. : THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDE R OF THE LEARNED CIT (A), KOTA DATED 27.10.2009 PASSED IN APPEAL NO.115/ 09-10 FOR ASSESSMENT YEAR 2005-06. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AND MR. S. L. MOURYA REPRESENTED ON BEHALF OF THE REVENUE. IT WAS SUBMIT TED BY THE LEARNED D.R. THAT THE ONLY ISSUE IN THE APPEAL FILED BY THE REVE NUE IS AGAINST THE ACTION OF THE LEARNED CIT (A) IN DELETING THE ADDITION REPRES ENTING THE CAPITAL INTRODUCED BY VARIOUS MEMBERS OF THE AOP. IT WAS A SUBMISSION THAT IN THE 2 ITA NO.92/JODH/2010 COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSING OFF ICER HAD DISALLOWED THE CAPITAL INTRODUCED BY THE VARIOUS MEMBERS OF THE AO P TOWARDS THEIR CAPITAL INTRODUCTION TOTALING TO RS.2,50,04,137/-. IT WAS A SUBMISSION THAT THE LEARNED CIT (A) HAD DELETED THE ADDITION MADE BY THE ASSESS ING OFFICER HOLDING THAT THE ASSESSEE HAS PRODUCED THE DETAILS SUCH AS THE A CCOUNT CONFIRMATION, PAN AND ADDRESSES OF THE MEMBERS, BALANCE SHEET AND PROFIT AND LOSS ACCOUNT AND INCOME TAX RETURNS COPIES WHICH HAVE BE EN PRODUCED AND THE AO HAD NOT MADE ANY INDEPENDENT ENQUIRY. IT WAS A S UBMISSION THAT IN SOME OF THE CASES IT RETURNS HAD NOT BEEN PRODUCED. IT W AS A SUBMISSION THAT THE ORDER OF THE LEARNED CIT (A) WAS LIABLE TO BE REVER SED. 3. WE HAVE HEARD THE LEARNED D.R. AND PERUSED THE M ATERIAL ON RECORD. THE ASSESSEE VIDE LETTER DATED 04-03-2016 REQUESTED FOR CONSOLIDATION OF APPEALS EITHER AT JAIPUR OR AT JODHPUR AND HAS SOUG HT FOR ADJOURNMENT AS SIMILAR APPEAL IS FILED AT JAIPUR BY THE ASSESSEE. THE REQUEST FOR ADJOURNMENT IS REFUSED. ON PERUSAL OF THE ORDER OF THE ASSESSEE IT CLEARLY SHOWS THAT THE LEARNED CIT (A) HAS TAKEN INTO CONSIDERATION THE DE TAILS OF VARIOUS MEMBERS OF THE AOP BEFORE DELETING THE ADDITION. IT WAS ALS O NOTICED THAT THE LEARNED CIT (A) IN PAGE7 OF HIS ORDER HAS TAKEN INTO CONSID ERATION THAT THE MEMBERS HAS CONFIRMED THE CAPITAL CONTRIBUTION AND THE BALA NCE SHEET AND STATEMENT OF AFFAIRS OF THE MEMBERS HAVE ALREADY BEEN PRODUCE D. SO ALSO THE PAN /GIR NUMBERS AND IN SOME CASES THE IT RETURNS AND THE AD DRESS IN ALL CASES HAVE ALSO BEEN PRODUCED. THIS BEING SO, AS THE REVENUE H AS NOT BEEN ABLE TO 3 ITA NO.92/JODH/2010 DISLODGE THE BASIS ON WHICH THE LEARNED CIT (A) HAS DELETED THE ADDITION MADE BY THE ASSESSING OFFICER, WE FIND NO REASON TO INTERFERE IN THE ORDER OF THE LEARNED CIT (A). CONSEQUENTLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08.03.2016. SD/- SD/- (N. S. SAINI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER JODHPUR, DATED: 08 TH MARCH, 2016 LAKSHMIKANTA LAKSHMIKANTA LAKSHMIKANTA LAKSHMIKANTA DEKA/ DEKA/ DEKA/ DEKA/- -- - COPY OF THE ORDER FORWARDED TO: 1 . THE APPELLANT 2. THE RESPONDENT 3. CIT CONCERNED 4. CIT (A) CONCERNED 5. DR, ITAT, JODHPUR 6. GUARD FILE BY ORDER, SR. PRIVATE SECRETARY DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 08.03.16 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 08.03.16 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. DATE OF PRONOUNCEMENT SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER