M/s. Pruthvi Constructions & Dev.Pvt.Ltd., Ahmedabad V. The ACIT.,Cent.Circel-1(1), Ahmedabad

ITSSA 104/AHD/2013

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 1818 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 4 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 22-04-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 08-04-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 18-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DEEPAK SONI I
• Keywords: Unexplained cash credit; Assessment record
• Section: 153A; 144

Judgement Text

IT (SS) A NO . 104 / AHD/ 20 1 3 A.Y. 2007 - 08 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH, AHMEDABAD BEFORE SHRI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHRI S.S. GODARA , JUDICIAL MEMBER IT (SS) A NO. 104 / AHD /201 3 ASSESSMENT YEAR : 2007 - 08 M/S PRUTHVI CONSTRUCTIONS & VS. ASST. COMMISSI ONER OF INCOME TAX DEV. PVT. LTD. , CENTRAL CIRCLE 1(1), AHMEDABAD. 2 ND FLOOR, KAYCERST, OPP. GUJARAT GAS CO. LTD., NEW PARIMAL CROSSING, C.G. ROAD, AHMEDABAD 380 007 [PAN A A BCP 1759 P ] (AP PELLANT ) (RESPONDENT S ) A PPELLANT BY : SHRI DEEPAK SONI I, A. R. RE SPONDENT BY : S HRI R.K. GUPTA , SR. D.R. DATE OF HEARING : 08.04 . 20 16 DATE OF PRONOUNCEMENT : 22 .04.2016 O R D E R PER S.S. GODARA , J.M. TH IS ASSES SEE S APPEAL FOR A SSESSMENT Y EAR 2007 - 08 , ARISE S FROM ORDER OF THE CIT(A) - I , AHMEDABAD DATED 2 2 .0 1 .201 3 , PASSED IN CASE NO.CIT(A) - I/CC.1(1)/410/2011 - 12 , IN PROCEEDINGS UNDER SECTION 144 R.W.S. 153A OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. ASSESS EE S SOLE SUBSTANTIVE GROUND CHALLENGES UNACCOUNTED CASH CREDIT ADDITION OF RS. 4,23,000/ - MADE BY THE ASSESSING OFFICER IN ORDER DATED 18.11.2010 AND CONFIRMED IN THE LOWER APPELLATE PROCEEDINGS. 3. WE FIND THAT THE CIT(A) HAS PROCEEDED EX - PARTE AGAINST THE ASSESSEE AFTER GRANTING IT 4 OPPORTUNITIES OF HEARING ON 08.11.2012, 23.11.2012, 14.12.2012 AND IT (SS) A NO . 104 / AHD/ 20 1 3 A.Y. 2007 - 08 PAGE 2 OF 3 18.01.2013. THIS APPEARS TO BE SECOND ROUND OF PROCEEDINGS BETWEEN THE PARTIES. THE ASSESSING OFFICER COMPLETED SEARCH ASSESSMENT ON 26.12.2008 MAKING THE ABOVE STATED ADDITION OF UNSECURED LOANS OF RS.4,23,300/ - . THE CIT(A) IN HIS FIRST ROUND ORDER DATED 12.10.2010 DIRECTED THE ASSESSING OFFICER TO VERIFY THE ASSESSMENT RECORDS OF THE OTHER ENTITY M/S . NAVARATN A (KAUSAMBI) ASSOCIATION TO FIND OUT THE IMPU GNED ADVANCEMENT OF FACTS. THE ASSESSING OFFICER TOOK UP CONSEQUENTIAL PROCEEDINGS AND NOTICED THAT THE LATTER ENTITY HAD NOT FILED ANY RETURN IN ASSESSMENT YEAR 2007 - 08. THIS RESULTED IN THE IMPUGNED ADDITION WHICH STANDS AFFIRMED IN THE LOWER APPELLATE PROCEEDINGS FOR WANT OF ASSESSEE S APPEARANCE. 4. WE HAVE HEARD BOTH THE PARTIES. RELEVANT FACTS NARRATED IN PRECEDING PARAGRAPHS ARE NOT REPEATED FOR THE SAKE OF BREVITY. A PERUSAL OF THE LOWER APPELLATE ORDER REVEALS THAT THE ASSESSEE APPLIED FOR AD JOURNMENT ON FIRST TWO DATES. THEREAFTER IT DID NOT ATTEND THE PROCEEDINGS ON 14.12.2012 AND 18.01.2013. WE DO NOT FIND ANY OBSERVATION IN THE LOWER APPELLATE ORDER THAT THE RELEVANT NOTICES OF HEARING HAD INDEED BEEN SERVED ON THE ASSESSEE. WE DEEM IT APPROPRIATE IN LARGER INTEREST OF JUSTICE IN THESE PECULIAR FACTS AND CIRCUMSTANCES THAT THE CIT(A) SHALL RE - EXAMINE THE ENTIRE ISSUE ONCE AGAIN AFTER AFFORDING 3 (THREE) EFFECTIVE OPPORTUNITIES OF HEARING TO THE ASSESSEE AS PER LAW. 5. THIS ASSESSEE S APP EAL IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT TODAY ON TH E 22 ND DAY OF APRIL , 201 6 . SD/ - SD/ - PRAMOD KUMAR S .S. GODARA (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, THE 22 ND DAY OF APRIL , 2016 PBN/* IT (SS) A NO . 104 / AHD/ 20 1 3 A.Y. 2007 - 08 PAGE 3 OF 3 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL A HMEDABAD BENCHES, AHMEDABAD