Smt. Induben A.Shah, Ahmedabad V. The Dy.CIT., Circle-4, Ahmedabad

ITSSA 26/AHD/2007

• Counselvise Citation: [2012] 124 COUNSELVISE.COM (IT) 7587 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 04-04-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 20-03-2012
• Assessment Year: misc
• Appeal Filed On: 07-02-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

ITA NO.479 & 480/AH D/2005 & IT(SS)A.NOS.26 TO 3 0/2007. BLOCK PERIOD 1995-9 6 TO 31-3-95 & -4-95 TO 9-11-1995 . 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, A HMEDABAD (BEFORE SHRI G.C.GUPTA VICE PRESIDENT & SHRI ANIL C HATURVEDI A.M.) SR. NO. APPEAL NO. A.Y./BLOCK PERIOD APPELLANT. RESPONDENT. 1. ITA 479/AHD/2005 1995-96 SMT. KANCHANBEN R. SHAH ADDL. CIT SPL.RANGE- 8(NOW WARD 4(1),ABAD. 2. IT(SS)A.27/2007 1985-86 TO 31-3-95 & 1- 4-95 TO 9-11- 95. SMT. KANCHANBEN R. SHAH ADDL. CIT SPL.RANGE- 8(NOW WARD 4(1),ABAD. 3. IT(SS)A.28/AHD/2007 1985-86 TO 31-3-95 & 1- 4-95 TO 9-11- 95. SMT. KANCHANBEN R. SHAH ADDL. CIT SPL.RANGE- 8(NOW WARD 4(1),ABAD. 4. ITA.480/AHD/2005 1995-96 SMT. INDUBEN A.SHAH. ADDL. CIT SPL.RANGE- 8(NOW WARD 4(1),ABAD. 5. IT(SS)A.NO.26/2007 1985-86 TO 31-3-95 & 1.4.95 TO 9- 11-95. SMT. INDUBEN A.SHAH. ADDL. CIT SPL.RANGE- 8(NOW WARD 4(1),ABAD. 6. IT.(SS).A.NO.29/2007. 1985-86 TO 31-3-95 & 1.4.95 TO 9- 11-95. SHRI ASHOK V. SHAH. ADDL. CIT SPL.RANGE- 8(NOW WARD 4(1),ABAD. 7. IT (SS)A.30//2007 1985-86 TO 31-3-95 & 1.4.95 TO 9- 11-95. SHRI DINESH V. SHAH. ADDL. CIT SPL.RANGE- 8(NOW WARD 4(1),ABAD. ITA NO.479 & 480/AH D/2005 & IT(SS)A.NOS.26 TO 3 0/2007. BLOCK PERIOD 1995-9 6 TO 31-3-95 & -4-95 TO 9-11-1995 . 2 APPELLANT BY : SHRI DHIREN SHAH RESPONDENT BY : SHRI SAMIR TEKRIWAL, SR. D.R. ( )/ ORDER DATE OF HEARING : 20-3-2012. DATE OF PRONOUNCEMENT : 4-4-12 PER: SHRI G.C. GUPTA, VICE PRESIDENT. THESE ARE SEVEN APPEALS BY THE ASSESSEES IN RESPEC T OF THE ABOVE MENTIONED ASSESSMENT YEARS AND BLOCK PERIOD A RE DIRECTED AGAINST THE ORDER OF THE CIT (A). THESE ARE BEING D ISPOSED OF WITH THIS CONSOLIDATED ORDER. 2. THE LD COUNSEL FOR THE ASSESSEE SUBMITTED AT THE OUTSET THAT ALL THE ISSUES IN THESE APPEALS OF THE ASSESSEES ARE DE PENDENT ON THE OUTCOME IN THE CASE OF SHRI NAVIN VARDHILAL SHAH, W HOSE CASE IS PENDING BEFORE THE INCOME TAX SETTLEMENT COMMISSIO N. HE SUBMITTED THAT THE HEARING IN THE CASE OF SHRI NAVI N VARDHILAL SHAH IS IN THE FINAL STAGE AND THE HEARING IS FIXED BEFORE THE INCOME TAX SETTLEMENT COMMISSION AT MUMBAI ON 30-4-2012. HE FI LED A COPY OF THE NOTICE DATED 1-3-2012 ISSUED BY THE INCOME TAX SETTLEMENT COMMISSION, MUMBAI FIXING THE DATE OF HEARING IN TH E CASE OF SHRI NAVIN VARDHILAL SHAH ON 30-4-2012. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE DECISION IN THE CASE OF SHRI NAV IN VARDHILAL SHAH ITA NO.479 & 480/AH D/2005 & IT(SS)A.NOS.26 TO 3 0/2007. BLOCK PERIOD 1995-9 6 TO 31-3-95 & -4-95 TO 9-11-1995 . 3 SHALL HAVE A DIRECT BEARING ON THE ISSUES INVOLVED IN ALL THESE APPEALS PENDING BEFORE THE TRIBUNAL. 3. THE LD. D.R. SUBMITTED THAT IT IS CORRECT THAT THE DECISION IN THE CASE OF SHRI NAVIN VADHILAL SHAH BY THE INCOME TAX SETTLEMENT COMMISSION SHALL HAVE A DIRECT BEARING ON THE ISSUE S IN THE PRESENT APPEALS OF THE ASSESSEES BEFORE THE TRIBUNAL. HE HA S RELIED ON THE ORDERS OF THE ASSESSING OFFICER. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAV E PERUSED THE ORDERS OF THE ASSESSING OFFICER AND THE CIT (A). WE FIND THAT BOTH THE PARTIES BEFORE US HAVE FAIRLY SUBMITTED THAT THE IS SUES IN THESE APPEALS OF THE ASSESSEES ARE DEPENDENT ON THE OUTCO ME IN THE CASE OF SHRI NAVIN VARDHILAL SHAH, PENDING BEFORE THE IN COME TAX SETTLEMENT COMMISSION, ADDITIONAL BENCH, MUMBAI. WE FIND THAT THESE APPEALS OF THE ASSESSEES ARE PENDING FOR A PR ETTY LONG TIME BEFORE THE TRIBUNAL. WE HAVE ALSO TAKEN INTO CONSID ERATION THE FACT THAT THE DECISION IN THE CASE OF SHRI NAVIN VARDHIL AL SHAH BY THE INCOME TAX SETTLEMENT COMMISSION HAS TO BE CONSIDER ED THREAD-BEAR SINCE THE SAME HAS BEEN STATED TO HAVE A DIRECT BEA RING ON THE ISSUES IN THE PRESENT APPEALS OF THE ASSESSEES AND ACCORDI NGLY WE HOLD THAT IT SHALL BE IN THE INTEREST OF JUSTICE TO RESTORE A LL THE ISSUES IN THE GROUNDS OF APPEAL OF THE ASSESSEES IN THESE APPEALS TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO PASS DE-NOVO ASSESSMENT ORDER IN ACCORDANCE WITH LAW, IN THE LIGHT OF THE DECISIO N OF THE INCOME TAX SETTLEMENT COMMISSION IN THE CASE OF SHRI NAVIN VAR HILAL SHAH AND AFTER ALLOWING DUE OPPORTUNITY OF HEARING TO THESE ASSESSEES. WE ITA NO.479 & 480/AH D/2005 & IT(SS)A.NOS.26 TO 3 0/2007. BLOCK PERIOD 1995-9 6 TO 31-3-95 & -4-95 TO 9-11-1995 . 4 MAKE IT CLEAR THAT OUR DECISION SHALL NOT EFFECT T HE MERITS OF THE ISSUES INVOLVED IN THESE APPEALS BEFORE THE ASSESSI NG OFFICER AND THAT ALL THE ISSUES IN THE GROUNDS OF APPEAL BEFORE US HAVE BEEN RESTORED TO THE FILE OF THE A.O. FOR DE-NOVO DECISI ON IN ACCORDANCE WITH LAW. WE DIRECT ACCORDINGLY. 5. IN THE RESULT ALL THE APPEALS OF THE ASSESSEES A RE ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON 4 - 4 - 201 2. SD/- SD/- (ANIL CHATURVEDI) ( G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT AHMEDABAD. S.A.PATKI. COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS)- 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHMEDABAD. ITA NO.479 & 480/AH D/2005 & IT(SS)A.NOS.26 TO 3 0/2007. BLOCK PERIOD 1995-9 6 TO 31-3-95 & -4-95 TO 9-11-1995 . 5 1.DATE OF DICTATION 20 - 3 -2012 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING 21 / 3 / 2012 MEMBER.OTHER MEMBER. 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S 27 - 3 -2012. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 4 - 4 -2012 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 4 -4 -2012 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 4 -4 -2012. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..