TRILOK CHAND JAIN HUF, Jaipur V. ITO, TONK

ITA 929/JPR/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5184 (ITAT-JAIPUR)
• Duration Of Justice: 3 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 19-12-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: S L PODDAR
• Keywords: Unexplained cash credit; Income from undisclosed sources

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH HKKXPUN] YS[KK LNL; ,OA JH YFYR DQEKJ] U;KF;D LN L; DS LE{K BEFORE:SHRI BHAGCHAND, AM & SHRI LALIET KUMAR, J M VK;DJ VIHY LA-@ ITA NO. 929/JP/2012 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2006-07 SHRI TRILOK CHAND JAIN, HUF PROP.: M/S. LADU LAL TRILOK CHAND NEWAI, TONK (RAJ) CUKE VS. THE ITO WARD- TONK TONK LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AABHT 1855 M VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI S.L. PODDAR, ADVOCATE JKTLO DH VKSJ LS@ REVENUE BY: SHRI RAGHUVIR SINGH DAGUR, ADDL.CIT - DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 29/06/2016 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 29/06/2016 VKNS'K@ ORDER PER BHAGCHAND, AM THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDE R OF THE LD. CIT(A)- III, JAIPUR DATED 12-10-2012 FOR THE ASSESS MENT YEAR 2006-07 RAISING THEREIN SOLITARY GROUND OF APPEAL AS UNDER: - UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, TH E LD. CIT(A) IS NOT JUSTIFIED IN CONFIRMING THE ADDITION OF RS. 18,35,000/- TOWARDS UNEXPLAINED CASH CREDITS HOLDIN G THE SAME AS INCOME FROM UNDISCLOSED SOURCES. 2.1 AT THE OUTSET OF THE HEARING, THE LD. AR OF THE ASSESSEE HAS PRAYED AS UNDER THROUGH HIS WRITTEN SUBMISSION. ITA NO. 929/JP/2012 SHRI TRILOK CHAND JAIN, HUF VS. . ITO, WARD- TONK, TONK . 2 AGGRIEVED WITH THE ORDER O THE ASSESSING OFFICER, THE ASSESSEE PREFERRED APPEAL BEFORE THE LD. CIT(A) WHO HAS DISMISSED THE APPEAL OF THE ASSESSEE WITHOUT GIVING OPPORTUNITY TO THE ASSESSEE. THE LD. CIT(A) HAS DEC IDED THE APPEAL OF THE ASSESSEE EX-PARTE. 2.2 THE LD. AR OF THE ASSESSEE FURTHER SUBMITTED TH E PAPER BOOK CONTAINING PAGES 1 TO 28 BEFORE THE BENCH FOR PERUS AL AND CONSIDERATION IN THE CASE OF THE ASSESSEE. 2.3 THE LD. DR RELIED ON THE ORDERS OF THE LOWER AU THORITIES AND OPPOSED HIS PRAYER FOR RE-CONSIDERATION OF HIS APPE AL AS THE LD. CIT(A) HAS PASSED THE IMPUGNED ORDER DATED 12-10-2012 ON T HE ISSUE IN QUESTION 2.4 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FEEL THAT IN THE INTEREST O F JUSTICE, THE PAPER BOOK FILED BY THE LD. AR OF THE ASSESSEE CONTAINING PAGE S 1 TO 28 SHOULD BE TAKEN INTO CONSIDERATION AND ASSESSEE SHOULD BE GI VEN ONE MORE CHANCE TO CONTEST HIS CASE FAIRLY AND JUDICIOUSLY BEFORE T HE LD. CIT(A). HENCE, THE ASSESSEE IS DIRECTED TO SUBMIT HIS PAPER BOOK CONTA INING PAGES 1 TO 28 BEFORE THE LD. CIT(A) FOR RE-ADJUDICATION OF THE IS SUE IN QUESTION AND COOPERATE IN THE APPELLATE PROCEEDINGS. IN VIEW OF THE ABOVE FACTS AND CIRCUMSTANCES OF THE CASE, THE APPEAL OF THE ASSESS EE IS SET ASIDE TO THE FILE OF LD. CIT(A) TO DECIDE IT AFRESH BY CONSIDERING TH E PAPER BOOK (SUPRA) RAISED BEFORE US AND PROVIDING THE REASONABLE OPPOR TUNITY OF BEING HEARD ITA NO. 929/JP/2012 SHRI TRILOK CHAND JAIN, HUF VS. . ITO, WARD- TONK, TONK . 3 TO THE ASSESSEE. THUS THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 4.0 IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 29 /06/20 16. SD/- SD/- YFYR DQEKJ HKKXPUN (LALIET KUMAR) (BHAGCHAND ) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 29 /06/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI TRILOK CHAND JAIN, HUF, TONK 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD- TONK, TONK 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 929/JP/2012) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR