The ACIT, 1(1), V. Shri S. S. Choudhary,

ITSSA 17/IND/2004

• Counselvise Citation: [2010] 124 COUNSELVISE.COM (IT) 9117 (ITAT-INDORE)
• Duration Of Justice: 6 year(s) 2 month(s) 3 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 16-06-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 16-06-2010
• Assessment Year: misc
• Appeal Filed On: 12-04-2004
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K SINGH
• Assessee Lawyers: C P RAWKA
• Keywords: Loose papers; Opportunity of being heard

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI V.K. GUPTA, ACCOUNTANT MEMBER IT(SS)A NO.80/IND/2004 (BLOCK PERIOD: 1.4.1988 TO 23.9.1998) MAYA SPINNERS LIMITED, MANAS BHAWAN, RNT MARG, INDORE PAN/GIR NO. M-5 ..APPELLANT V/S. ASSISTANT COMMISSIONER OF INCOME-TAX, 1(1), INDORE ..RESPONDENT IT(SS)A NO.7/IND/2004 (BLOCK PERIOD: 1.4.1988 TO 23.9.1998) S.S. CHOUDHARY, 504, PRAKASH TOWER, Y.N. ROAD, INDORE PAN/GIR NO. S-1258 ..APPELLANT V/S. DEPUTY COMMISSIONER OF INCOME-TAX, 1(2), INDORE ..RESPONDENT IT(SS)A NO.17/IND/2004 (BLOCK PERIOD: 1.4.1988 TO 23.9.1998) ASSISTANT COMMISSIONER OF INCOME-TAX, 1(1), INDORE ..APPELLANT 2 V/S. S.S. CHOUDHARY, 504, PRAKASH TOWER, Y.N. ROAD, INDORE PAN/GIR NO. S-1258 ..RESPONDENT AND, IT(SS)A NO.30/IND/2003 (BLOCK PERIOD: 1.4.1988 TO 23.9.1998) SMT. MAYA CHOUDHARY, 137 BC, SCHEME NO.74, VIJAY NAGAR, INDORE PAN- AATPL 6333 P ..APPELLANT V/S. DEPUTY COMMISSIONER OF INCOME-TAX, 1(2), INDORE ..RESPONDENT ASSESSEE BY : SHRI C.P. RAWKA, FCA DEPARTMENT BY : SHRI K.K. SINGH, CIT, DR ORDER PER BENCH THIS BUNCH OF FOUR APPEALS IS BY THE ASSESSEES AS W ELL AS BY THE REVENUE FOR THE BLOCK PERIOD FROM 1.4.1988 TO 23.9. 1998 ON THE GROUNDS AS DETAILED IN THE GROUNDS OF RESPECTIVE APPEAL. 3 2. DURING HEARING OF THESE APPEALS, AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEES SHRI C.P. RAWKA FAIRLY AS SERTED THAT FOR A JUST CONCLUSION OF APPEALS, THESE CAN BE SENT BACK TO TH E FILE OF THE LD. ASSESSING OFFICER FOR FRESH ADJUDICATION AS TRUE FAC TS ARE NOT AVAILABLE ON THE FILES AND CERTAIN DETAILS/FACTS/EVIDENCE WHICH COULD NOT BE PRODUCED DURING ASSESSMENT STAGE CAN BE PRODUCED NOW. THIS A SSERTION OF THE ASSESSEE WAS NOT OBJECTED TO BY LD. CIT, DR. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF LD. REPRESENTATIVES OF BOTH SIDES AND PERUSED THE MATER IAL AVAILABLE ON RECORD. BRIEF FACTS ARE THAT THE ASSESSEE IS A PUBL IC LIMITED COMPANY SITUATED AT VILLAGE THIKARI AND IS ENGAGED IN MANUF ACTURING IN COTTON YARN AT PITHAMPUR (DISTRICT-DHAR). SEARCH OPERATION S WERE CARRIED OUT AT VARIOUS PREMISES ON 23.9.1998. AS PER THE ASSESSEE, NOTHING MATERIAL WAS FOUND EXCEPT CERTAIN LOOSE PAPERS. THE BLOCK AS SESSMENT WAS COMPLETED ON 29.9.2000 ON A TOTAL INCOME OF RS.1,73 ,15,066/- WHICH INCLUDES A SUM OF RS.1,04,33,920/- AND RS.6,40,000/ - WAS MADE ON PROTECTIVE BASIS. THE ADDITION OF RS.1,04,33,920/- WAS MADE IN REGULAR ASSESSMENT OF THE ASSESSEE FOR ASSESSMENT YEAR 1996 -97 AND ADDITION OF CASH WAS MADE ON SUBSTANTIVE BASIS IN THE HANDS OF SHRI S.S. CHOUDHARY, DIRECTOR OF THE ASSESSEE FIRM. IT IS SEE N THAT ALMOST ALL THE 4 ADDITIONS WERE MADE ON THE BASIS OF THE LOOSE PAPER S WHEREIN RECEIPT AND PAYMENTS WERE CLAIMED TO BE CONSIDERED. HOWEVER , WITHOUT COMMENTING FURTHER AND IN VIEW OF THE ASSERTIONS FR OM BOTH THE SIDES, SINCE THE FACTS WERE CLAIMED TO BE NOT CLEAR AND TH E ASSESSEES ARE IN A POSITION TO SUBSTANTIATE THEIR CLAIMS, THEREFORE, I N THE INTEREST OF BOTH THE PARTIES, THESE APPEALS ARE REMANDED BACK TO THE FILES OF THE LD. ASSESSING OFFICER FOR FRESH ADJUDICATION IN ACCORDAN CE WITH LAW. NEEDLESS TO MENTION HERE THAT THE ASSESSEES BE PROVIDED DUE OPPORTUNITY OF BEING HEARD, WITH FURTHER LIBERTY TO FURNISH EVIDEN CE, IF ANY, TO SUBSTANTIATE THEIR CLAIMS. RESULTANTLY, ALL THESE APPEALS OF ASSESSEES AS WELL AS OF THE REVENUE ARE RESTORED BACK TO THE FILES OF THE LD. A SSESSING OFFICER, CONSEQUENTLY, ALL THESE APPEALS ARE ALLOWED FOR STA TISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT AT THE CONCLUSI ON OF THE HEARING IN THE PRESENCE OF LEARNED REPRESENT ATIVES FROM BOTH THE SIDES ON 16.6.2010. (V.K. GUPTA) (JOGINDER SINGH) (ACCOUNTANT MEMBER) JUDICIAL MEMBER DATED: 16.6.2010 COPY TO: APPELLANT/RESPONDENT/CIT/CIT(A)/DR/GUARD F ILE