Shri Hirendra K. Shah, Baroda V. The ACIT, Circle-2(1), Baroda

ITSSA 464/AHD/2013

• Counselvise Citation: [2017] 122 COUNSELVISE.COM (IT) 2949 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 23-02-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 22-02-2017
• Assessment Year: misc
• Appeal Filed On: 26-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M J SHAH
• Keywords: Opportunity of being heard
• Section: 132

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD . . , , BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI MAHAVI R PRASAD, JUDICIAL MEMBER . / I.T.(SS) A PPEAL NO . 464/AHD/2013 (BLOCK PERIOD : 01/04/1996 TO 11/03/2003) HIRENDRA K SHAH (HUF) 8 TH FLOOR, NEPTUNE TOWER BPC ROAD, ALKAPURI BARODA - 390005 / VS. ACIT, CIRCLE 2(1) BARODA. ./ ./ PAN/GIR NO. : AAHHS 4532 E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI M. J. SHAH, A.R. / RESPONDENT BY : SHRI JAMES KURIAN, SR. D.R. / DATE OF HEARING 22/02/2017 / DATE OF PRONOUNCEMENT 23 / 02 /201 7 / O R D E R PER SHRI MAHAVIR PRASAD, JUDICIAL MEMBER : THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS ) - II , BARODA , DATED 09/10/2013 FOR THE BLOCK PERIOD 01/04/1996 TO 11/03/2003 AND FOLLOWING GROUNDS OF APPEAL HAVE BEEN TAKEN: I. THE LD. CIT(A) ERRED IN HOLDING THAT THE DECISION OF THE HONOURABLE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA PVT. LTD. WAS APPLICABLE TO THE FACTS OF THE CASE OF THE APPELLANT. IT (SS) A NO. 464/AHD/2013 HIRENDRA K SHAH VS. ACIT BP 01/04/1996 TO 11/03/2003 - 2 - II. THE LD. CIT(A) ERRED IN CONFIRMING THE PENALTY LEVIED U/S. 158BFA(2) AMOUNTING TO RS. 6,30,0 00/ - 2. THE FACTS OF THE CASE ARE THAT IN THIS CASE SEARCH ACTION U/S. 132 WAS CARRIED OUT ON 11/03/2003 COVERING THE RESIDENTIAL AND BUSINESS PREMISES OF TIKI TAR GROUP OF CASES. THE ASSESSEE IS A PARTNER IN M/S. TIKI TAR INDUSTRIES , TALOJA. THEREAFTER, A STATUTORY NOTICE WAS SENT TO HIM AND SAME WERE COMPLIED WITH . 3. D URING THE SEARCH CERTAIN INCRIMINATING DOCUMENTS WERE SEIZED AND ON THE BASIS OF THOSE DOCUMENTS LD. CIT(A) CONFIRMED. 4 . AGAINST THE SAID ORDER ASSESSEE PREFERRE D FIRST STATUTORY APPEAL BEFORE THE LD. CIT(A) WHO DID NOT GI VE HIM AN Y OPPORTUNITY OF BEING HEARD AND PASSED AN EX PARTE ORDER BY FOLLOWING THE CASE OF CIT VS. MULTIPLAN INDIA PVT. LTD. 38 ITD 320 (DELHI). 5 . WE HA VE HEARD THE LD. AR AND DR BOTH, I N OU R CONSIDERED OPINI ON THIS IS THE FIT CASE FOR RESTORATION . IT (SS) A NO. 464/AHD/2013 HIRENDRA K SHAH VS. ACIT BP 01/04/1996 TO 11/03/2003 - 3 - 6 . IN THE RESULT, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE MATTER BACK TO THE FILE OF THE CIT TO DECIDE THIS APPEAL DE NOVO. 7 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER PRONOUNCED IN OPEN COURT ON 23 / 0 2 /201 7 SD/ - SD/ - . . ( ) ( ) ( N.K. BILLAIYA ) ( MAHAVIR PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 23 / 0 2 /20 17 PRITI YADAV , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) - II, BARODA. 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD TRUE COPY 1. DATE OF DICTATION 22/02/2017 (DICTATION - PAD 1 PAGE ATTACHED AT THE END OF THIS APPEAL - FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 22/02/2017 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S./P.S 22/02/2017 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 23/02/2017