Guj.Tea Processors & Packers Ltd., V. THE DY,CIT CENT CIR ,2(1),

ITSSA 101/AHD/2002

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 3088 (ITAT-AHMEDABAD)
• Duration Of Justice: 10 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 11-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 11-10-2012
• Assessment Year: misc
• Appeal Filed On: 29-04-2002
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SINGH
• Assessee Lawyers: J P SHAH; YOGESH SHAH A RS
• Keywords: Unexplained investment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD C BENCH BEFORE: SHRI D.K. TYAGI, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT ME MBER I.T(SS).A. NO.101/AHD/2002 BLOCK PERIOD 1.4.1988 TO 29.7.1998 GUJARAT TEA PROCESSORS & PACKERS LTD., KRISHNA ESTATE, OPP. ANUPAM CINEMA, KHOKHRA, AHMEDABAD APPELLANT VS. DY. C.I.T., CENTRAL CIRCLE 2(1) AHMEDABAD RESPONDENT DEPARTMENT BY : SHRI D.K.SINGH, SR. D.R. ASSESSEE BY : SHRI J.P. SHAH & SHRI YOGESH SHAH, A.RS. DATE OF HEARING : 11.10.2012 DATE OF PRONOUNCEMENT : 11.10.2012 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF LD. CIT(A)-III, AHMEDABAD DATED 28.02.2002. 2. IT IS A RECALLED MATTER AND IN THIS CASE ORIGINA L ORDER WAS PASSED ON 31.7.2009. SUBSEQUENTLY ASSESSEE FILED MISCELLANEOU S APPLICATION IN RESPECT OF THIS GROUND NO.2 WHICH READS AS UNDER:- 2. THE CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.13,03,700/- AS ALLEGED UNACCOUNTED INVESTMENT IN STOCK OF I.T(SS).A. NO.1123/AHD/2012 A. Y.2008-09 2 13,037 KGS. INSPITE OF CONTRARY CONVINCING EVIDENCE AND EXPLANATION. ON THE GROUND THAT AT THE TIME OF HEARING OF THE AP PEAL IT WAS SUBMITTED BY LD. COUNSEL OF THE ASSESSEE THAT ACTUALLY RECONCILIATIO N OF STOCK DISCREPANCIES WERE FILED BEFORE THE LOWER AUTHORITIES, HOWEVER, PROPER APPRECIATION HAS NOT BEEN DONE AND IT WAS SUBMITTED THAT IN ALL FAIRNESS THIS GROUND OF THE APPEAL SHOULD BE SENT BACK TO THE FILE OF THE A.O. FOR VERIFICATI ON. IT WAS FURTHER SUBMITTED THAT IF HONBLE MEMBERS WERE INCLINED TO SEND BACK THE MATTER TO THE A.O. THEN IN THAT EVENT DETAIL ARGUMENTS MAY NOT BE NECE SSARY. AS THE RECONCILIATION FOR DISCREPANCIES OF STOCK WAS ALSO FILED BEFORE HONBLE ITAT IN THE COMPILATION FILED AT THAT TIME, THE HONBLE BE NCH ACCEPTED THE REQUEST FOR SETTING ASIDE THE ISSUE TO LD. A.O. AND THEREFORE, NO DETAIL ARGUMENTS WERE MADE. HOWEVER, WHEN THE ORDER WAS RECEIVED BY THE ASSESSEE IT WAS FOUND THAT GROUND WAS REJECTED INSTEAD OF BEING SENT BACK TO THE A.O. AFTER PERUSING THE LOG BOOK OF HONBLE JUDICIAL MEMBER, W HO HAD AUTHORED THE ORDER, IT WAS FOUND THAT THE BENCH, AT THAT TIME IN TENDED TO SEND THE MATTER TO THE FILE OF THE A.O. AND THEREFORE, DETAIL ARGUM ENTS COULD NOT BE ADVANCED BY THE ASSESSEE. IN THE LIGHT OF THIS, THE ORDER D ATED 31.07.2009 WAS RECALLED TO THE EXTENT OF THIS GROUND OF ADDITION OF RS.13,0 3,700/- FOR FRESH ADJUDICATION VIDE ORDER DATED 06.07.2012 IN M.A. NO .12/AHD/2010. 3. AT THE TIME OF HEARING, BEFORE US, LD. COUNSEL O F THE ASSESSEE AGAIN PRAYED FOR SENDING BACK THE MATTER BACK TO THE FILE OF THE A.O. FOR FRESH ADJUDICATION IN THE LIGHT OF RECONCILIATION OF STOC K DISCREPANCIES FILED BEFORE THE I.T(SS).A. NO.1123/AHD/2012 A. Y.2008-09 3 LOWER AUTHORITIES. LD. D.R. DID NOT OBJECT TO THIS PRAYER OF LD. COUNSEL OF THE ASSESSEE. THEREFORE, THE MATTER IS HEREBY RESTORED BACK TO THE FILE OF THE A.O. FOR FRESH ADJUDICATION. 4. IN THE RESULT, THIS GROUND OF APPEAL IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON 11 .10.2012 SD/- SD/- (ANIL CHATURVEDI) (D.K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER TRUE COPY N.K. CHAUDHARY, SR. P.S. COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD 6. THE GUARD FILE BY ORDER AR,ITAT,AHMEDABAD 1. DATE OF DICTATION 11.10.2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 12.10.2012 OTHER MEMBER 12.10.20 12 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. . 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S. 15.10.2012 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 15 .10.2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .