Shri Rajesh K. Shah, Baroda V. The ACIT, Circle-2(2), Baroda

ITSSA 463/AHD/2013

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2517 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 9 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 05-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 04-10-2016
• Assessment Year: misc
• Appeal Filed On: 26-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M J SHAH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ./ IT(SS)A.NO.463/AHD/2013 [BLOCK PERIOD : 01.04.1996 TO 11.9.2003] RAJESH K. SHAH 8 TH FLOOR, NEPTUNE TOWERS BPC ROAD, ALKAPURI BARODA 390 005. PAN : AAGPS 0964 F VS ACIT, CIR.2(2) BARODA. 01 / (APPELLANT) 23 01 / (RESPONDENT) ASSESSEE BY : SHRI M.J. SHAH, AR REVENUE BY : SHRI JAMES KURIAN, SR.DR / DATE OF HEARING : 04/10/2016 / DATE OF PRONOUNCEMENT: 05/10/2016 45/ O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER ASSESSEE IS IN APPEAL AGAINST THE ORDER OF THE LD.C IT(A)-II, BARODA DATED 9.10.2013 FOR THE BLOCK PERIOD STARTING FROM 01.04.1996 TO 11.3.2003. 2. SOLITARY GRIEVANCE OF THE ASSESSEE IS THAT THE L D.CIT(A) HAS ERRED IN CONFIRMING PENALTY OF RS.9,19,552/- IMPOSED UNDER S ECTION 158BFA(2) OF THE INCOME TAX ACT, 1961. 3. WITH THE ASSISTANCE OF THE LD.REPRESENTATIVES, W E HAVE GONE THROUGH THE RECORD CAREFULLY. WE FIND THAT THE LD.CIT(A) HAS D ISMISSED THE APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. SUB-SECTION (6) OF SECTION 250 CONTEMPLATES THAT THE LD.CIT(A) WILL STATE THE POINTS OF DISPUTE S ARISING IN THE APPEAL, AND IT(SS)A NO.463/AHD/2013 2 THEREAFTER RECORD REASONS IN SUPPORT OF HIS CONCLUS ION ON THOSE POINTS. IN THE PRESENT CASE, THE LD.CIT(A) DID NOT ADHERE TO THIS MANDATORY PROVISION. THE LD.CIT(A) OUGHT TO HAVE CALLED FOR ASSESSMENT RECOR D, AND THEREAFTER FORMULATE POINTS FOR ADJUDICATION. SINCE APPEAL O F THE ASSESSEE HAS BEEN DISMISSED FOR WANT OF PROSECUTION WITHOUT RECORDING SPECIFIC FINDING ON MERIT, THEREFORE, WE ALLOW THE APPEAL OF THE ASSESSEE, AND SET ASIDE IMPUGNED ORDER AND RESTORE ALL THESE ISSUES TO THE FILE OF THE LD. CIT(A) FOR RE-ADJUDICATION. THE ASSESSEE IS DIRECTED TO COOPERATE WITH THE LD.C IT(A). THE ASSESSEE SHALL FILE AN APPLICATION FOR TAKING UP THE PROCEEDINGS B EFORE THE LD.CIT(A) WITHIN TWO MONTHS OF RECEIPT OF THIS ORDER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE COURT ON 5 TH OCTOBER, 2016 AT AHMEDABAD. SD/- SD/- (MANISH BORAD) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 05/10/2016