The DCIT, Circle - 1, V. Shri Bhanjibhai H. Mokaria,

ITSSA 5/RJT/2007

• Counselvise Citation: [2010] 124 COUNSELVISE.COM (IT) 8688 (ITAT-RAJKOT)
• Duration Of Justice: 3 year(s) 10 month(s) 15 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 23-12-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 14-12-2010
• Assessment Year: misc
• Appeal Filed On: 08-02-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JM SAHAY
• Assessee Lawyers: M P SARDA
• Keywords: Block assessment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI D.T. GARASIA (JM) I.T.(SS)A. NOS 05 /RJT/2007 (BLOCK PERIOD ENDING 14-10-1997) DY.CIT, CIR.1 VS SHRI BHANJIBHAI H MOKARIA RAJKOT MEGHRATH-5, 1 ST FLOOR NEAR LB TALKIES OPP. RAJEMPIRE TALKIES SURAT PAN :NOT AVAILABLE (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI JM SAHAY RESPONDENT BY : SHRI MP SARDA O R D E R GARASIA : THIS BLOCK ASSESSMENT APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF CIT(A)-I, RAJKOT DATED 30-11-2006 FOR THE BLOCK PERIOD ENDING 14-10- 1997. 2. THE SOLE EFFECTIVE GROUND TAKEN IN THE APPEAL RE ADS AS BELOW: (1) THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACT S IN DELETING THE ADDITION OF RS.20.69 LACS MADE BY AO ON PROTECT IVE BASIS. 2. WE HAVE HEARD SHRI JM SAHAY, THE LD.DR AND SHRI MP SARDA, THE LD.AR OF THE ASSESSEE. 3. THE LD.AR OF THE ASSESSEE, AT THE OUTSET, SUBMIT TED THAT THE IMPUGNED ADDITION IN THE HANDS OF THE ASSESSEE IS MADE ON PR OTECTIVE BASIS AND THE SUBSTANTIVE ADDITION HAS BEEN MADE IN THE HANDS OF SHRI RAMBHAI H MOKARIA. AND WHEREAS AN APPLICATION FILED BEFORE THE SETTLEM ENT COMMISSION BY SHRI RAMBHAI H MOKARIA HAS ALREADY BEEN HEARD IN PART BY THE SETTLEMENT IT(SS)A NO.05/RJT/2007 2 COMMISSION AND A FINAL HEARING IS EXPECTED IN THE M ONTH OF JANUARY, 2011. ON THIS GROUND, THE LD.AR SOUGHT ADJOURNMENT OF THE HE ARING. HOWEVER, WE ARE OF THE CONSIDERED OPINION THAT SINCE SHRI RAMBHAI H MO KARIA, IN WHOSE CASE SUBSTANTIVE ADDITION HAS BEEN MADE AND PROTECTIVE A DDITION IN THE HANDS OF THE ASSESSEE BEFORE US, HAS FILED SETTLEMENT APPLICATIO N AND THE APPLICATION IS LIKELY TO BE DISPOSED OFF IN THE MONTH OF JANUARY, 2011, I T WOULD BE IN THE FITNESS OF THINGS TO RESTORE THE MATTER TO THE FILE OF THE ASS ESSING OFFICER TO DECIDE THE PROTECTIVE ADDITION AFRESH IN THE LIGHT OF DECISION OF THE SETTLEMENT COMMISSION IN THE CASE OF SHRI RAMBHAI H MOKARIA. THEREFORE, THE ADJOURNMENT OF HEARING SOUGHT FOR WAS REJECTED. ACCORDINGLY WE RESTORE TH E MATTER TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER MAY TAKE A DECISION AFRESH ON THE ISSUE OF PROTECTIVE ADDITION IN THE HANDS OF THE ASSESSEE IN THE LIGHT OF DECISION OF THE SETTLEMENT COMMISSION THAT MAY BE RENDERED IN THE C ASE OF SHRI RAMBHAI H MOKARIA, AFTER AFFORDING OPPORTUNITY OF HEARING TO THE ASSESSEE. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S TREATED AS ALLOWED, FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 23-12-2010 SD/- SD/- (A.L. GEHLOT) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DT : 23 RD DECEMBER, 2010 PK/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-I, RAJKOT 4. THE CIT-I, RAJKOT 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT