Shri Vinodkumar Premjibhai Samani, Ahmedabad V. The Income Tax Officer, SK Range, Ward-2, Himatnagar

ITA 968/AHD/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4608 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 21-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHIVA SEWAK
• Assessee Lawyers: S N DIVATIA
• Keywords: Unexplained cash credit; Unexplained investment; Principle of natural justice; Additional evidence; Reasonable cause; Corroborative evidences

Judgement Text

ITA NO.968/AHD/2017 ASSESSMENT YEAR: 2013-14 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD SMC BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM] ITA NO.968/AHD/2017 ASSESSMENT YEARS: 2013-14 VINODKUMAR PREMJIBHAI SAMANI, ............ APPELLANT B-102, ARISE PRIDE, NR. UMIYA CAMPUS, S.G. ROAD, GOTA, AHMEDABAD 382 481. [PAN: BCRPS 7520 K] VS. INCOME TAX OFFICER, S.K. RANGE, WARD -2, HIMMATNAGAR. ....................... RESPONDENT APPEARANCES BY: S.N. DIVATIA FOR THE APPELLANT SHIVASEWAK FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 10.10.2018 DATE OF PRONOUNCING THE ORDER : 15.10.2018 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HA S CHALLENGED CORRECTNESS OF LEARNED CIT(A)S ORDER DATED 20 TH FEBRUARY, 2017, FOR THE ASSESSMENT YEAR 2013-14, O N THE FOLLOWING GROUNDS:- 1.1 THE ORDER PASSED U/S.250 ON 20.02.2017 FOR A.Y. 2013-14 BY CIT(A)-2, AHMEDABAD UPHOLDING ADDITION OF RS.4 LAKHS AS UNEXP LAINED INVESTMENT IN LAND WHOLLY ILLEGAL, UNLAWFUL AND AGA INST THE PRINCIPLES OF NATURAL JUSTICE. 1.2 THE LD. CIT(A) HAS GRIEVOUSLY ERRED IN LAW AND OR ON FACTS IN UPHOLDING THAT THE APPELLANT HAD MADE UNEXPLAINED I NVESTMENT OF RS.4 LAKHS IN PURCHASE OF LAND. 1.3 THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW, THE LD. CIT(A) HAS GRIEVOUSLY ERRED IN CONFIRMING ADDIT ION TOWARDS UNEXPLAINED INVESTMENT OF RS.4 LAKHS IN PURCHASE OF LAND. ITA NO.968/AHD/2017 ASSESSMENT YEAR: 2013-14 PAGE 2 OF 3 2.1 BOTH THE LOWER AUTHORITIES HAVE FAILED TO APPRE CIATE THAT THE APPELLANT COULD NOT FURNISH CONFIRMATION LETTER AND OTHER EVI DENCE RELATING TO TWO DEPOSITORS I.E. SHRI KARAN K PATEL AND SHRI NAR ESH K PATEL FOR SUFFICIENT CAUSE AND THE FRESH EVIDENCE PRODUCED NO W DURING THE APPELLATE PROCEEDINGS MAY PLEASE BE ADMITTED. IT IS THEREFORE PRAYED THAT THE ADDITION OF RS.4 LA KHS CONFIRMED BY CIT(A) SHOULD BE DELETED. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEA RNED COUNSEL FOR THE ASSESSEE FAIRLY POINTED OUT THAT HE WAS NOT IN A POSITION TO SUBMIT ANY SUPPORTING EVIDENCE IN CONNECTION WITH THE UNEXPLAINED CREDITS TO THE TUNE OF RS.4 LAKHS. HE SUBMITS THAT AS FOR THE REMAINING DISPUTED UNEXPLAINED CREDITS, HE HAD FURNISHED THE REQUISITE DETAILS BEFORE THE LEARNED CIT(A) AND LEARNED CIT(A) WAS PL EASED TO DELETE THE ADDITIONS IN RESPECT OF THE SAID AMOUNTS. LEARNED COUNSEL HAS N OW SUBMITTED THE SUPPORTING EVIDENCES, BY WAY OF ADDITIONAL EVIDENCES BEFORE ME UNDER RULE 29, AND PRAYED THAT THE MATTER MAY KINDLY BE REMITTED TO THE FILE OF THE LE ARNED CIT(A) FOR ADJUDICATION AFRESH IN THE LIGHT OF THESE ADDITIONAL EVIDENCES. 3. LEARNED DEPARTMENTAL REPRESENTATIVE OPPOSES THE PRAYER. 4. HAVING HEARD THE RIVAL CONTENTIONS AND HAVING PE RUSED THE MATERIAL ON RECORD INCLUDING AFFIDAVITS OF SHRI KIRAN KUMAR PATEL AND NARESH KUMAR PATEL, I DEEM IT FIT AND PROPER TO ADMIT THE ADDITIONAL EVIDENCES, AS THE AS SESSEE WAS INDEED PREVENTED FROM PRODUCING THE SAME EARLIER, BY REASONABLE CAUSE, AN D REMIT THE MATTER TO THE FILE OF THE LEARNED CIT(A) FOR FRESH ADJUDICATION ON MERITS. O RDERED ACCORDINGLY. AS THE MATTER HAS BEEN REMITTED TO THE FILE OF THE LEARNED CIT(A) FOR FRESH ADJUDICATION, I SEE NO NEED TO DEAL WITH THE MATTER ON MERITS. 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. PRONOUNCED IN THE OPEN COURT TODAY ON THE 15 TH DAY OF OCTOBER, 2018. SD/- PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: AHMEDABAD, THE 15 TH DAY OF OCTOBER, 2018. PBN/* ITA NO.968/AHD/2017 ASSESSMENT YEAR: 2013-14 PAGE 3 OF 3 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD