B G Devanath , Kodagu V. Income TAx Officer Ward-1 , Kodagu

ITA 934/BANG/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 4682 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 26-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DK JHA
• Keywords: Business income; Revised return
• Section: 69C; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-B BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER A ND SHRI LALIET KUMAR, JUDICIAL MEMBER ITA NO. 9 3 4 / BANG/201 8 ASSESSMENT YEAR : 20 09 - 10 SHRI B.G. DEVANATH, VISHNU NILAYA, CLUB ROAD, SOMWARPERT, KODAGU. PAN: AFMPD1138B VS. THE INCOME TAX OFFICER, WARD -1, MADIKERI, KODAGU DISTRICT 571 201. APPELLANT RESPONDENT APPELLANT BY : SHRI VAGEESH HEGDE, CA RESPONDENT BY : SHRI D.K. JHA, ADDL. CIT (DR) DATE OF HEARING : 2 2 . 0 5 .2018 DATE OF PRONOUNCEMENT : 08 . 0 6 .2018 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE WHICH IS DIREC TED AGAINST THE ORDER OF LD. CIT (A), MYSURU DATED 19.01.2018 FOR ASSESSMENT YEAR 2009-10. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER. 1. THE ASSESSMENT ORDER PASSED BY THE AO BASED ON A N ORIGINAL RETURN WHICH IS EFFACED BY A VALID REVISED RETURN I S VOID AND HENCE TO BE QUASHED. 2. WITHOUT PREJUDICE, IF IT WERE TO HOLD THAT THE A SSESSMENT IS VALID, ADDITION MADE U/S 69C OF THE ACT, IS OPPOSED TO FAC T AND LAW AND HENCE, TO BE DELETED. 3. THE APPEAL MAY BE ALLOWED FOR THE ABOVE GROUNDS OR ANY OTHER GROUND(S) WHICH THE APPELLANT MAY BE PERMITTED TO A DDUCE AT THE TIME OF HEARING. PRAYER FOR THE REASONS STATED ABOVE, AMONG OTHERS, THE APP ELLANT MOST RESPECTFULLY SUBMITS THAT THE HON'BLE TRIBUNAL BE P LEASED TO ALLOW THE ITA NO.934/BANG/2018 PAGE 2 OF 3 PRESENT APPEAL BY SETTING ASIDE THE ASSESSMENT ORDE R PASSED U/S 144 OF THE ACT DATED 20.02.2011 PASSED BY THE ITO, WARD -1, MERCARA FOR THE ASSESSMENT YEAR 2009-10 OR PASS SUCH OTHER ORDE R AS MAY BE DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY. 3. IT WAS SUBMITTED BY LD. AR OF ASSESSEE THAT AS P ER PAGE NO. 26 OF APPEAL MEMO, THE REVISED RETURN WAS FILED BY ASSESSEE ON 0 9.10.2009 AND HENCE THE REVISED RETURN OF INCOME FILED BY THE ASSESSEE IS V ALID. HE FURTHER SUBMITTED THAT AS PER THE ASSESSMENT ORDER PASSED BY THE AO O N 20.12.2011, THE AO IS CONSIDERING THE ORIGINAL RETURN FILED BY ASSESSEE O N 24.06.2009 DECLARING A TOTAL INCOME OF RS. 66,790/- BUT HE HAS NOT CONSIDERED TH E INCOME OF RS. 3,38,409/- DECLARED BY ASSESSEE IN THE REVISED RETURN FILED BY ASSESSEE ON 09.10.2009. HE SUBMITTED THAT ONCE THE RETAIL TRADING IN PEPPER AND COFFEE OF RS. 23,62,500/- IS CONSIDERED, OUT OF WHICH THE ASSESSE E HAS DECLARED INCOME U/S. 44AF OF RS. 2,21,620/- IN THE REVISED RETURN FILED BY ASSESSEE, THE CASH DEPOSIT IN THE BANK ACCOUNT OF THE ASSESSEE OF RS. 16,09,71 0/- STANDS EXPLAINED OUT OF THE BUSINESS RECEIPTS OF RS. 23,62,500/- AND HENCE, ADDITION MADE BY THE AO IS NOT JUSTIFIED. THE LD. DR OF REVENUE SUPPORTED THE ORDER OF CIT(A). 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. CONSI DERING THE FACTS OF PRESENT CASE THAT VALID REVISED RETURN WAS FILED BY ASSESSE E, THE AO SHOULD HAVE CONSIDERED THE REVISED RETURN IN THE ASSESSMENT ORD ER AND SINCE, THIS HAS NOT BEEN DONE BY AO, WE SET ASIDE THE ORDER OF CIT (A) AND RESTORE THE MATTER BACK TO THE FILE OF AO FOR DE NOVO ASSESSMENT AFTER CONSIDERING THE REVISED RETURN FILED BY ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 08 TH JUNE, 2018. /MS/ ITA NO.934/BANG/2018 PAGE 3 OF 3 COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.