DCIT, Circle - 32, Kolkata, Kolkata V. Smt. Jyotsna Desai, Kolkata

ITSSA 141/KOL/2014

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2830 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 25 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 02-12-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 07-11-2014
• Court: TRIBUNAL
• Department Lawyers: R S BISWAS
• Assessee Lawyers: D S DAMLE
• Keywords: Loose papers; Principle of natural justice; Documents seized
• Section: 153A; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : KOLKATA [BEFORE HONBLE SHRI P.M.JAGTAP, AM & SRI N.V.VA SUDEVAN, JM ] I.T.(SS)A NO.141/KOL/ 2014 ASSESSMENT YEAR : 2006-0 7 DY./ASSTT.C.I.T., CIRCLE-32, -VS.- SMT.JYO TSNA DESAI KOLKATA KOLKATA [PAN : AGPPD5544F] (APPELLANT) (RESPONDENT) I.T.(SS)A NO.142/KOL/2014 ASSESSMENT YEAR : 2006-0 7 DY./ASSTT.C.I.T., CIRCLE-32, -VS.- SHRI CH ANDRAVADAN DESAI KOLKATA KOLKATA [PAN : AFQPD8487F] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI R.S.BISWAS, CIT FOR THE RESPONDENT : SHR I D.S.DAMLE, FCA DATE OF HEARING : 22.11.2016. DATE OF PRONOUNCEMENT : 2.12.2016. ORDER PER N.V.VASUDEVAN, JM IT(SS)A.141/KOL/2014 IS AN APPEAL BY THE REVENUE AG AINST THE ORDER DATED 22.08.2014 OF CIT(A)- XIX, KOLKATA RELATING TO AY 2006-07. THE ASSESSEE IN THIS APPEAL IS BY NAME SMT. JYOTSNA DESAI. IT(SS)A.142/K OL/2014 IS AN APPEAL BY THE REVENUE AGAINST THE ORDER DATED 22.08.2014 OF CIT(A )- XIX, KOLKATA RELATING TO AY 2006-07. THE ASSESSEE IN THIS APPEAL IS BY NAME SHR I CHANDRAVADAN DESAI. BOTH THESE APPEALS ARISE UNDER IDENTICAL FACTS AND CIRCUMSTANC ES. BOTH THE APPEALS WERE HEARD TOGETHER. WE DEEM IT CONVENIENT TO PASS A COMMON OR DER. 2 IT(SS)A.NOS.141&142/KOL/2014 SMT.JYOTSNA DESAI AND SHRI CHANDRAVADAN DESAI A.YR.2006-07 2 2. GROUNDS OF APPEAL RAISED BY THE REVENUE READ AS FOLLOWS :- GROUNDS OF APPEAL IN IT(SS).A.141/KOL/2014 READ AS FOLLOWS :- 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE ORDER OF THE CIT(A) IS WRONG, PERVERSE, ILLEGAL AND AGAINST THE PROVISIONS OF LAW WHICH IS LIABLE TO BE SET ASIDE. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LEARNED CIT (APPEAL) HAS ERRED IN DELETING THE ADDITION MADE U/S 69B WITHOUT APPRECIA TING THAT WHEN THE ADDITION ON THIS ISSUE HAS BEEN CONFIRMED IN THE HANDS OF THE RECIPI ENT, THE SAME HAS TO BE UPHELD IN THE HANDS OF THE PAYER ALSO. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LEARNED CIT (APPEAL) HAS FAILED TO APPRECIATE THE EVIDENTIARY VALUE OF THE NOTINGS AS RECORDED IN THE LOOSE PAPERS SEIZED DURING THE COURSE OF THE SEARCH PROCEEDINGS FROM TH E PREMISES OF THE OTHER PARTY TO THE TRANSACTION. 4. THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEN D ANY GROUND OF APPEAL RAISED ABOVE AT THE TIME OF HEARING. GROUNDS OF APPEAL IN IT(SS).A.142/KOL/2014 READ AS FOLLOWS :- 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE ORDER OF THE CIT(A) IS WRONG, PERVERSE, ILLEGAL AND AGAINST THE PROVISIONS OF LAW WHICH IS LIABLE TO BE SET ASIDE. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LEARNED CIT (APPEAL) HAS ERRED IN DELETING THE ADDITION MADE U/S 69B WITHOUT APPRECIA TING THAT WHEN THE ADDITION ON THIS ISSUE HAS BEEN CONFIRMED IN THE HANDS OF THE RECIPI ENT, THE SAME HAS TO BE UPHELD IN THE HANDS OF THE PAYER ALSO. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LEARNED CIT (APPEAL) HAS FAILED TO APPRECIATE THE EVIDENTIARY VALUE OF THE NOTINGS AS RECORDED IN THE LOOSE PAPERS SEIZED DURING THE COURSE OF THE SEARCH PROCEEDINGS FROM TH E PREMISES OF THE OTHER PARTY TO THE TRANSACTION. 4. THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEN D ANY GROUND OF APPEAL RAISED ABOVE AT THE TIME OF HEARING. 3. THE ASSESSEE IN IT(SS)A.141/KOL/2014 IS AN IN DIVIDUAL. THE ASSESSEE IN IT(SS)A.142/KOL/2014 IS ALSO AN INDIVIDUAL. ASSESSM ENTS IN THE CASE OF BOTH THE ASSESSEES WERE FRAMED U/S 153C R.W.S.143(3) OF THE ACT. BEFORE THE CIT(A) THE ASSESSEE CHALLENGED THE VALIDITY OF INITIATION OF PROCEEDING S U/S 153C OF THE ACT AGAINST THE ASSESSEES. THE CIT(A) HELD THAT THE PROCEEDINGS U/S 153C OF THE ACT WERE NOT VALIDLY 3 IT(SS)A.NOS.141&142/KOL/2014 SMT.JYOTSNA DESAI AND SHRI CHANDRAVADAN DESAI A.YR.2006-07 3 INITIATED AGAINST THE ASSESSEES. THE CIT(A) HAVING HELD THAT THE PROCEEDINGS U/S 153C OF THE ACT WERE NOT VALIDLY INITIATED AND THEREFORE TH E ASSESSMENT ORDERS REQUIRE TO BE QUASHED, FURTHER ALSO WENT INTO THE QUESTION OF ME RITS OF VARIOUS ADDITIONS THAT WERE CHALLENGED BY THE ASSESSEE BEFORE CIT(A). HE CONCL UDED THAT THE ADDITIONS MADE CANNOT BE SUSTAINED EVEN ON MERITS. AGGRIEVED BY THE ORDER S OF CIT(A) THE REVENUE HAS PREFERRED THE PRESENT APPEALS BEFORE THE TRIBUNAL. 4. AT THE TIME OF HEARING OF THE APPEALS IT WAS AGREED BY BOTH THE PARTIES THAT THE ISSUE THAT ARISES FOR CONSIDERATION IN THESE APPEALS ARE IDENTICAL TO THE ISSUE THAT WAS CONSIDERED BY THE TRIBUNAL IN ASSESSEES OWN CASE I N IT(SS)A.NOS.114 TO 115/KOL/2011 IN THE CASE OF SMT. JYOTSNA DESAI AND IT(SS)A.NOS. 116-119/KOL/2011 IN THE CASE OF SHRI CHANDRAVADAN DESAI. THE ASSESSMENTS IN THESE A PPEALS WERE IN RELATION TO A.Y.2002-03 AND 2005-06 IN THE CASE OF SMT. JYOTSNA DESAI AND A.Y.2003-04 TO 2005- 06 AND 2008-08 IN THE CASE OF SHRI CHANDRAVADAN DES AI. THE PARTIES ALSO AGREED THAT THE PRESENT APPEALS ARE PART OF THE SIX ASSESSMENT YEAR S FOR WHICH ASSESSMENT HAS TO BE FRAMED U/S 153C R.W.S. 153A(1) OF THE ACT, CONSEQUE NT TO THE SEARCH IN THE CASE OF BHARAT SHAH GROUP AT BOMBAY ON 15.03.2008. 5. THE TRIBUNAL IN THE AFORESAID DECISION IN THE C ASE OF BOTH THE ASSESSEES HELD AS FOLLOWS :- 9. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD INCLUDING THE TWO PAPER BOOKS FILED BY THE LEARNED AR BEFORE US. THE FACTS NARRATED ABOVE ARE NOT DISPUTED BY THE EITHER PARTIES AND HE NCE ARE NOT REITERATED FOR THE SAKE OF BREVITY. AT THE OUTSET, IT IS PERTINENT TO GET INTO THE PROVISIONS OF SECTION 153C OF THE ACT WHICH ARE REPRODUCED HEREUNDER:- 153C.ASSESSMENT OF INCOME OF ANY OTHER PERSON.- (1) NOTWITHSTANDING ANYTHING CONTAINED IN SECTION 1 39, SECTION 147, SECTION 148, SECTION 149, SECTION 151 AND SECTION 153, WHERE THE ASSESSI NG OFFICER IS SATISFIED THAT ANY MONEY, BULLION, JEWELLERY OR OTHER VALUABLE ARTICLE OR THING OR BOOKS OF ACCOUNT OR DOCUMENTS SEIZED OR REQUISITIONED BELONGS OR BELONG TO A PERSON OTHER THAN THE PERSON REFERRED TO IN SECTION 153A, THEN THE BOOKS OF ACCO UNT OR DOCUMENTS OR ASSETS SEIZED OR REQUISITIONED SHALL BE HANDED OVER TO THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTHER PERSON AND THAT ASSESSING OFFICER SHALL PROCEED AGAINST EACH SUCH OTHER 4 IT(SS)A.NOS.141&142/KOL/2014 SMT.JYOTSNA DESAI AND SHRI CHANDRAVADAN DESAI A.YR.2006-07 4 PERSON AND ISSUE SUCH OTHER PERSON NOTICE AND ASSES S OR REASSESS INCOME OF SUCH OTHER PERSON IN ACCORDANCE WITH THE PROVISIONS OF SECTION 153A: PROVIDED THAT IN CASE OF SUCH OTHER PERSON, THE REF ERENCE TO THE DATE OF INITIATION OF THE SEARCH UNDER SECTION 132 OR MAKING OF REQUISITION U NDER SECTION 132A IN THE SECOND PROVISO TO SUB-SECTION (1) OF SECTION 153A SHALL BE CONSTRUED AS REFERENCE TO THE DATE OF RECEIVING THE BOOKS OF ACCOUNT OR DOCUMENTS OR ASSE TS SEIZED OR REQUISITIONED BY THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTH ER PERSON. (2) WHERE BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS S EIZED OR REQUISITIONED AS REFERRED TO IN SUB-SECTION (1) HAS OR HAVE BEEN RECEIVED BY THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTHER PERSON AFTER THE DUE D ATE FOR FURNISHING THE RETURN OF INCOME FOR THE ASSESSMENT YEAR RELEVANT TO THE PREV IOUS YEAR IN WHICH SEARCH IS CONDUCTED UNDER SECTION 132 OR REQUISITION IS MADE UNDER SECTION 132A AND IN RESPECT OF SUCH ASSESSMENT YEAR- (A) NO RETURN OF INCOME HAS BEEN FURNISHED BY SUCH OTHER PERSON AND NO NOTICE UNDER SUB-SECTION (1) OF SECTION 142 HAS BEEN ISSUED TO H IM, OR (B) A RETURN OF INCOME HAS BEEN FURNISHED BY SUCH O THER PERSON BUT NO NOTICE UNDER SUB- SECTION (2) OF SECTION 143 HAS BEEN SERVED AND LIMI TATION OF SERVING THE NOTICE UNDER SUB-SECTION (2) OF SECTION 143 HAS EXPIRED, OR (C) ASSESSMENT OR REASSESSMENT, IF ANY, HAS BEEN MA DE, BEFORE THE DATE OF RECEIVING THE BOOKS OF ACCOUNT OR DOCUMENTS OR ASSETS SEIZED OR R EQUISITIONED BY THE ASSESSING OFFICER HAVING JURISDICTION OVER SUCH OTHER PERSON, SUCH ASSESSING OFFICER SHALL ISSUE THE NOTICE AND ASSESS OR REASSESS TOTAL INCOME OF S UCH OTHER PERSON OF SUCH ASSESSMENT YEAR IN THE MANNER PROVIDED IN SECTION 153A. 9.1. IT IS OBSERVED THAT PAGE 1 OF THE PAPER BOOK C ONTAINS THE LETTER DATED 21.12.2009 ADDRESSED BY ACIT, CENTRAL CIRCLE 24 & 26, MUMBAI T O THE LEARNED AO HEREIN, REQUESTING THE LEARNED AO HEREIN TO INITIATE SUITAB LE ACTION AGAINST THE ASSESSES HEREIN. FOR THE SAKE OF CONVENIENCE, THE SAID LETTER DATED 21.12.2009 IS REPRODUCED HEREIN BELOW:- OFFICE OF THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 24 & 26 404, 4TH FLOOR, AAYKAR BHAVAN, M.K ROAD, MUMBAI-2000020. PHONE [phone] NO. ACIT-24 & 26/INFORMATION/2009-10 DATE: 21.12 .2009 TO, DEPUTY COMMISSIONER OF INCOME TAX, 32 KOLKATA 10 B MIDDLETON ROW KOLKATA SUB: INFORMATION IN CASE OF JYOTNA DESAI (PAN AGP PD5544F) AND CHANDRAVADAN DESAI (PAN-AFQPD8487F) .. SEARCH OPERATION U/S. 132 WAS CONDUCTED ON THE PREM ISES OF BHARAT SHAH GROUP, IN WHICH LOOSE PAPERS 1 TO 19, CONTAINED IN ANNEXURE A - 1, WERE SEIZED FROM 55, GAMDEVI 2ND FLOOR, PANCHSHIL PLAZA, MUMBAI ON 15.3.2008, CO PY OF WHICH ARE ANNEXED HEREWITH. 5 IT(SS)A.NOS.141&142/KOL/2014 SMT.JYOTSNA DESAI AND SHRI CHANDRAVADAN DESAI A.YR.2006-07 5 THESE LOOSE PAPERS ARE SYSTEMATIC RECORDS RELATED T O ACTUAL SALES TRANSACTIONS IN LEGEND PROJECT PROMOTED BY LAYER EXPORTS PVT. LTD, SITUATED IN WALKESHWAR, MALABAR HILL, MUMBAI-400 006. MOST OF THE SAID PAPERS CONTA INS DETAILS OF FLAT NUMBERS, FLAT SIZE(TOTAL SOLD AREA), RATE PER SQ. FT, TOTAL CONSI DERATION, BIFURCATED IN CASH AND CHEQUES, CASH TO BE PAID, CHEQUES TO BE PAID, DETAILS OF REN EGOTIATION, DETAILS OF ACTUAL CASH PAYMENT, DETAILS OF ACTUAL CHEQUES PAYMENT ETC. IN THESE LOOSE PAPERS SH' REPRESENT CASH PORTION I.E ON MONEY OR OUT OF BOOKS PORTION A ND' Q' AND' CHQ' REPRESENTS CHEQUES PORTION I.E WHICH IS ACCOUNTED IN THE BOOKS, IN THI S REGARD, ON PAGE NO. 8, THERE IS RECORDING OF TRANSACTION RELATED TO SALES OF FLATS BY LAYER EXPORTS PVT. TO CHANDRAVADAN DESAI (PAN-AFQPD8487F) AND JYOTNA DESAI (PAN-AGPPD5 544F), OUT OF WHICH JYOTNA DESAI IS ASSESSED IN YOUR CHARGE. AS PER THE SAID RECORD, YOUR ASSESSEE HAS PAID CASH MONEY I.E. OUT OF BOOKS MONEY OF RS.80139192 T O MY ASSESSEE. YOU ARE HEREBY REQUESTED TO TAKE NECESSARY ACTION IN THIS REGARD A S PER PROVISIONS OF IT ACT, 1961. YOURS FAITHFULLY, SD/- (PRASOON KABRA) ASSTT. CIT, CENTRAL CIRCLE-ZA & 26 MUMBAI ENCL: PGS 1 TO 19 COPY TO: L. CCIT 2. THE CIT-11 3. THE ADDL.CIT RANGE-32 4. THE ADDL. CIT CENTRAL RANGE 5, MUMBAI ACIT CC 24 & 25' 9.2. IT IS FURTHER OBSERVED THAT PAGE 21 OF THE PAP ER BOOK CONTAINS THE LETTER DATED 4.5.2010 ADDRESSED BY THE LEARNED AO TO THE ASSESSE S HEREIN COMMUNICATING THE REASONS FOR INITIATING PROCEEDINGS U/S 153C OF THE ACT ON T HEM. FOR THE SAKE OF CONVENIENCE, THE SAID LETTER DATED 4.5.2010 IS REPRODUCED HEREIN BEL OW:- OFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -32, KOLKATA NO. ACIT CIRCIE-32SCRUT/09-10 MAY 4,2010 TO, SHRI CHANDRVADAN DESAI 37, SHAKESPEARE SARANI, KOLKATA-700017. SUB: PROCEEDINGS U/S 153C FOR THE A.YRS 2002-03 TO 2006-07-MATTERS REGARDING ..... PLEASE REFER TO THE NOTICE U/S, 153C ISSUED BY THE UNDERSIGNED AND SERVED ON YOU; AS WELL AS TO YOUR REQUEST FOR SUPPLY OF THE GROUNDS/I NFORMATION ON WHICH SUCH PROCEEDINGS HAVE BEEN INITIATED. IN THE INTEREST' OF NATURAL JUSTICE AND FOR THE SAK E OF TRANSPARENCY, IT IS HEREBY INFORMED THAT A SEARCH OPERATION U/S. 132 HAD BEEN CONDUCTED ON THE PREMISES OF BHARAT SHAH GROUP, AND CERTAIN DOCUMENTS WERE SEIZED FROM 55, G AMDEVI 2ND FLOOR, PANCHSHEEL 6 IT(SS)A.NOS.141&142/KOL/2014 SMT.JYOTSNA DESAI AND SHRI CHANDRAVADAN DESAI A.YR.2006-07 6 PLAZA, MUMBAI. THE ASSESSING OFFICER HOLDING JURISD ICTION OVER THE RELATED ASSESSEE WAS SATISFIED THAT THE SOME OF THE DOCUMENTS RELATED TO OTHER ASSESSEE, AND HAS ACCORDINGLY PASSED THE SAME TO THE RESPECTIVE ASSESSING OFFICER S. THE DOCUMENTS WHICH BORE SPECIFIC INFORMATION ON YO UR DEALINGS/TRANSACTIONS/ ACQUISITION WERE PART OF THE SAID DOCUMENTS. COPY O F THE SAID DOCUMENTS ARE HEREBY PROVIDED FOR YOUR PURPOSES, IN RESPONSE TO THE SPEC IFIC REQUEST MADE BY YOU ON THIS BEHALF. YOURS FAITHFULLY, SD/- (ABHIJIT GHOSH) ASSTT. COMMISSIONER OF INCOME TAX CIRCLE-32, KOLKATA CODE NO.WBG C 132-19.3. WE FIND THAT FROM THE ANNEXURE REFERRED TO BY THE L EARNED AO IN HIS LETTER DATED 4.5.2010 (I.E COPY OF THE SEIZED DOCUMENT FORWARDED BY THE A O OF SECTION 153A PERSON) , THERE IS NO REFERENCE TO CASH PORTION IN 'SH' AS MENTIONED BY T HE ASSESSING OFFICER OF SECTION 153A PERSON. THE SAID ANNEXURE IS KEPT IN PAGE 9 OF THE PAPER BOOK OF THE ASSESSEE CONTAINING THE RELEVANT SEIZED DOCUMENT LOOSE PAPER WHICH IS A LSO ENCLOSED AS AN ANNEXURE TO THIS ORDER. WE FIND THAT THIS IS THE ONLY SEIZED DOCUMEN T RELIED UPON BY THE LEARNED AO FOR INITIATING PROCEEDINGS U/S 153C OF THE ACT ON THE A SSESSES HEREIN. WE FIND FROM THE SAID SEIZED LOOSE PAPER, THE NOTINGS IN RESPECT OF 'CHQ' ALONE ARE MENTIONED. WE FIND THAT THE TRANSACTIONS REFLECTED AS 'CHQ' HAS BEEN ACCEPTED A S GENUINE BY THE ASSESSING OFFICER OF SECTION 153A PERSON ITSELF AND ONLY THE CASH TRANSA CTIONS WERE SUBJECTED TO BE VERIFIED IN THE HANDS OF THE ASSESSES HEREIN, FOR WHICH PURPOSE A LETTER DATED 21.12.2009 TOGETHER WITH THE COPY OF THE RELEVANT SEIZED DOCUMENT LOOSE SHEETS WERE HANDED OVER TO THE LEARNED AO HEREIN. ON VERIFICATION OF THE ENTIRE SEIZED DOCUMENT LOOSE SHEETS WHICH IS IN PAGE 9 OF THE PAPER BOOK, WE FIND THAT THERE IS NO MENTION ABOUT CASH PAYMENTS AT ALL MUCH LESS CASH PAYMENTS OF RS. 8,01,39,192/- AS ALL EGED BY THE ASSESSING OFFICER OF SECTION LS3A PERSON AND HENCE THERE COULD NOT BE AN Y SATISFACTION THAT COULD BE REACHED BY HIM IN TERMS OF SECTION 153C OF THE ACT AND HENC E WE AGREE WITH THE ARGUMENTS OF THE LEARNED AR THAT THE INITIATION OF PROCEEDINGS U /S 153C OF THE ACT ON THE ASSESSES HEREIN IN THESE FACTS AND CIRCUMSTANCES ARE NOT WAR RANTED AND DESERVES TO BE QUASHED. ADMITTEDLY, THE SAID SEIZED LOOSE SHEETS BELONG TO THE BHARAT SHAH GROUP (I.E THE PARTY SEARCHED U/S 132 OF THE ACT) AND NOT TO THE ASSESSE S HEREIN. WE ALSO HOLD THAT ON PERUSAL OF THE SAID CONTENTS OFTHE SEIZED LOOSE SHEETS, NO CONCLUSION IN ACCORDANCE WITH LAW COULD BE REACHED THAT IT BELONGS TO THE PERSON OTHE R THAN THE PERSON SEARCHED U/S 132 OF THE ACT. 9-4. IN VIEW OF THE AFORESAID FACTS AND CIRCUMSTANC ES AND RESPECTFULLY FOLLOWING THE AFORESAID DECISIONS, WE HOLD THAT NO SATISFACTION I N TERMS OF SECTION 153C OF THE ACT WERE RECORDED BY THE ASSESSING OFFICER OF THE SEARCHED P ERSON U/S 132 OF THE ACT TO REACH TO A CONCLUSION THAT THE CONTENTS IN THE SEIZED DOCUMENT S BELONGS TO THE ASSESSES ( I.E A PERSON OTHER THAN THE SEARCHED PERSON) AND ACCORDINGLY, WE HOLD THAT THE SEARCH ASSESSMENTS FRAMED U/S 153C READ WITH SECTION 14~(3) OF THE ACT ON THE ASSESSES HEREIN ARE DECLARED 7 IT(SS)A.NOS.141&142/KOL/2014 SMT.JYOTSNA DESAI AND SHRI CHANDRAVADAN DESAI A.YR.2006-07 7 ILLEGAL AND VOID ABINITIO. SINCE THE APPEALS OF THE ASSESSEE ARE ALLOWED ON ASSUMPTION OF JURISDICTION, WE REFRAIN TO GIVE OUR FINDINGS ON TH E MERITS OF THE ISSUE. 10. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE ALLOWED. 6. RESPECTFULLY FOLLOWING THE DECISION OF THE TR IBUNAL REFERRED TO ABOVE WHICH IS SQUARELY APPLICABLE TO THE PRESENT ASSESSMENT YEAR IN THE CASE OF BOTH THE ASSESSES, WE UPHOLD THE ORDERS OF CIT(A) AND DISMISS BOTH THE AP PEALS OF THE REVENUE. 7. IN THE RESULT THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 02.12.2016. SD/- SD/- [P.M.JAGTAP] [ N.V.VASUDEVAN ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 02.12.2016. [RG PS] COPY OF THE ORDER FORWARDED TO: 1.SMT.JYOTSNA DESAI, 37, SHAKESPEARE SARANI, KOLKAT A-700017. 2. SHRI CHANDRAVADAN DESAI, 37, SHAKESPEARE SARANI, KOLKATA-700017. 3. DY./A.C.I.T., CIRCLE-32, KOLKATA. 3.CIT(A)-XIX, KOLKATA 4. CIT-XI, KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE CO PY BY ORDER ASSTT.REGISTRAR, ITAT, KOLKATA BENCHES 8 IT(SS)A.NOS.141&142/KOL/2014 SMT.JYOTSNA DESAI AND SHRI CHANDRAVADAN DESAI A.YR.2006-07 8