ACIT, Kota V. VINOD GUPTA, Kota

ITSSA 2/JPR/2013

• Counselvise Citation: [2015] 122 COUNSELVISE.COM (IT) 1181 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 03-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 01-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PG E VIHYKFKHZ IZRFKHZ

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES SMC, JAIPUR JH IH-DS-CALY] YS[KK LNL; DS LE{K BEFORE: SHRI P.K. BANSAL, ACCOUNTANT MEMBER VK;DJ VIHY LA- @ ITSSA NO. 02/JP/2013 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR (BLOCK PERIOD 01/04/1996 TO 10/02/2003) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTA. CUKE VS. VINOD GUPTA, PROP.- M/S GUPTA TRADERS, SHOPPING CENTRE, KOTA. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: ABYPG 9520 E VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SHRI M.S. MEENA (CIT) (ADJ. APPLICATION REJECTED) FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : NONE LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 02/11/2015 MN?KKS'K .KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 03/11/2015 VKNS'K @ ORDER PER P.K. BANSAL, A.M. THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER OF LD. CIT(A), KOTA DATED 22/02/2013 FOR BLOCK PERIOD 01/04 /1996 TO 10/02/2003. ITSSA 02/JP/2013_ ACIT VS VINOD GUPTA 2 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. I, THER EFORE, DECIDED TO DISPOSE OFF THE APPEAL AFTER HEARING THE LD SR. DR. 3. THE ONLY ISSUE INVOLVED IN THIS APPEAL IS THAT TH E LD CIT(A), CENTRAL, JAIPUR WAS NOT CORRECT IN QUASHING THE ORD ER PASSED U/S 158BD OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) AS TH E NOTICE U/S 158BD OF THE ACT AS PER REVENUE WAS VOLUNTARILY ISSUED. 4. THE LD SR.DR BEFORE ME VEHEMENTLY RELIED ON THE A SSESSMENT ORDER BUT WAS UNABLE TO FURNISH BEFORE ME ANY EVIDEN CE OR MATERIAL THAT THE ASSESSING OFFICER OF SEARCHED PERSON HAS RECORD ED ANY SATISFACTION AND PASSED ON TO THE ASSESSING OFFICER OF THE ASSES SEE. UNDER THIS FACT THE LD CIT(A) HAS QUASHED THE ORDER OF ASSESSMENT OR DER PASSED U/S 158BD ON THE BASIS THAT NO SATISFACTION WAS RECORDED BY THE ASSESSING OFFICER OF THE SEARCHED PERSON AND PASSED ON TO THE ASSESSING OFFICER OF THE ASSESSEE BEFORE INITIATING THE PROCEEDINGS U/S 158BD OF THE ACT AGAINST THE ASSESSEE. I, THEREFORE, FIND NO ILLEGAL ITY OR INFIRMITY IN THE ORDER OF THE LD CIT(A) QUASHING THE ORDER PASSED U/S 158BD OF THE ACT IN THE CASE OF THE ASSESSEE. I, THEREFORE, CONFIRM THE ORDER OF THE LD CIT(A). ONCE THE ASSESSMENT ORDER STANDS QUASHED, IN MY OPINION, THE CIT(A) NEED NOT TO ADJUDICATE THE OTHER ISSUE. I, TH EREFORE, DISMISS THE APPEAL FILED BY THE REVENUE. ITSSA 02/JP/2013_ ACIT VS VINOD GUPTA 3 5. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03/11/2015. SD/- IH-DS-CALY (P.K. BANSAL) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 03 RD NOVEMBER, 2015 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- THE ACIT, CIRCLE-1, KOTA. 2. IZR;FKHZ @ THE RESPONDENT- SHRI VINOD GUPTA, KOTA 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDR @ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITSSA NO. 02/JP/2013) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR