Shri Shripal Sampatraj Chowdhary, Ahmedabad V. The ACIT, Central Circle-2(4), Ahmedabad

ITSSA 29/AHD/2015

• Counselvise Citation: [2017] 122 COUNSELVISE.COM (IT) 3513 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 11-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 10-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK WADEKAR
• Assessee Lawyers: P D SHAH
• Section: 153A

Judgement Text

ITA NO. 2 9 / AHD/20 1 5 A.Y . 20 09 - 10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER AND SHRI S.S. GODARA , JUDICIAL MEMBER I TA NO. 2 9 /AHD /201 5 ASSESSMENT YEAR: 20 09 - 10 SHRIPAL SAMPATRAJ CHOWDHARY VS. ASSTT. COMMISSI ONER OF INCOME TAX, C/O. MEHTA LODHA & CO., CIRCLE 2(4), AHM E DABAD. 105, SAKAR - I, OPP. GANDHIGRAM RAILWAY STATION, ASHRAM ROAD, HMEDABAD 380 009. [PAN A JMPC 3628 D ] (APPELLANT ) (RESPONDENT) APPELLANT BY : SHRI P.D. SHAH, A.R. RES PONDENT BY : S HRI VIVEK WADEKAR, CIT (D.R.) DATE OF HEARING : 2 2 . 11 . 20 17 DATE OF PRONOUNCEMENT : 11 . 12 .2017 O R D E R PER N.K. BILLAIYA, A CCOUNTANT MEMBER TH IS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST THE ORDER OF CIT(A) - 12 , AHMEDABAD DATED 22.12.2014 PERTAINING TO ASSESSMENT YEAR 20 0 9 - 10 . 2. THE SOLE GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) ERRED IN LAW IN NOT QUASHING THE ORD E R PASSED BY THE ASSESSING OFFICER AS THE PROCEEDINGS UNDER SECTION 153A OF THE INCOME TAX ACT , 1961 IS WITHOUT JURISDICTION. THE ASSESSEE FURTHER ALLEGES THAT THE CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.5,17,556/ - OF ALLEGED UNACCOUNTED JEWELLERY. 3. A PERUSAL OF THE ORDER OF THE CIT(A) SHOWS THAT HE HAS DISPOSED OF 10 APPEALS BY A CONSOLID ATE ORDER IN WHICH ONE OF THE APPELLANT WAS SAMPATRAJ LALCHAND CHOWDHARY HAVING PAN A B TPC9140K. 4. WE FIND THAT THE SAID ORDER WAS ASSAILED BEFORE THE TRIBUNAL IN IT(SS)A NO S .32 & 33/AHD/2015 AND THE TRIBUNAL VIDE ORDER DATED 10.08.2017 HAD QUASHED THE ASS ESSMENT ORDER . THE RELEVANT FINDINGS OF THE CO - ORDINATE BENCH READ AS UNDER : - ITA NO. 2 9 / AHD/20 1 5 A.Y . 20 09 - 10 PAGE 2 OF 2 9. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE ORDERS OF THE AUTHORITIES BELOW. THERE IS NO DENIAL THAT NO INCRIMINATING MATERIAL WAS FOUND AT TH E TIME OF SEARCH PROCEEDI NGS. IT IS ALSO AN UNDISPUTED FACT THAT PRIOR TO THE DAT E OF SEARCH, THE ASSESSEE HAD FILED WEALTH TAX RETURNS. THE ONLY EVIDENCE WHICH CAME TO THE NOTICE OF THE SEARCH PA R TY WERE THE WEALTH TAX RETURNS FILED BY THE ASSESSEE. IN OUR CONSIDERED OPINION, THE WEALTH TAX R E TURNS OF THE GROUP, BY ANY STRETCH OF IMAGINATION, CANNOT BE CONSIDER E D AS INCRIMINATING MATERIAL IN THE HANDS OF THE ASSESSEE. EXCEPT FOR THIS, THERE IS NOTHING ON RECORD TO SUGGEST ANY INCRIMINATING MATERIAL/DOCUMENT/EVIDENCE. 5. AND THE T RIBUNAL CONCLUDED A S UNDER : - 15. DRAWING SUPPORT FROM THE JUDGEMENT MENTIONED ELSEWHERE, WE DO NOT FIND ANY LEGALITY IN THE ASSESSMENT SO MADE BY THE A.O. WE HAVE NO HESITATION TO SET ASIDE THE F INDINGS OF THE LD . CIT(A) AND DIRECT THE A.O. TO DELE TE THE IMPUGNED ADDITIONS. IN OUR CONSIDERED OPINION, THE ASSESSMENTS MADE WITHOUT ANY INCRIMINATING MATERIAL IS ILLEGAL AND BAD IN LAW AND ARE ACCORDINGLY QUASHED. 6. AS NO DISTINGUISHING DECISION S HA VE BEEN BROUGHT ON RECORD BY THE REVENUE AND FINDING SIMILARITY IN THE FACTS AND KEEPING IN MIND THAT THE ORDER OF THE FIRST APPELLATE AUTHORITY IS A CONSOLIDATED ORDER AND HAS FOLLOWED THE SAME F INDINGS IN RESPECT OF ALL THE APPELLANT S , THEREFORE, RESPECTFULLY FOLLOWING THE FINDINGS OF THE CO - ORDINATE BENC H, APPEAL OF THE ASSESSEE IS ALLOWED. 7 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED . ( OR DER PRONOUNCED IN THE OPEN COURT ON THIS 11 TH DAY OF DECEMBER , 2017 ) SD/ - SD/ - S.S. GODARA N.K. BILLAIYA ( JUDICIAL MEMBER) ( ACCOUNTANT MEMBER) AHMEDABAD, THE 11 TH DAY OF DECEMBER , 201 7 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER E COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD