Bela K.Jhaveri, Ahmedabad V. The Dy.CIT.,Cent.Circle-1(3), Ahmedabad

ITSSA 501/AHD/2010

• Counselvise Citation: [2015] 122 COUNSELVISE.COM (IT) 1040 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 5 month(s) 4 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 23-10-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 23-10-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 19-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S N SOPARKAR
• Assessee Lawyers: VIBHA BHALLA
• Section: 143(3); 153A

Judgement Text

IT(SS) A NO. 501 /AHD/201 0 A SSESSMENT Y EAR : 200 6 - 07 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH , AHMEDABAD [CORAM: PRAMOD KUMAR AM AND KUL BHARAT JM ] IT(SS)A NO . 501 / AHD/201 0 A SS ESS MENT YEAR: 200 6 - 07 BELA K. JHAVERI ....... .. .. . ..... APPELLANT A/3, EMBASSY APARTMENT, DR. V.S. ROAD, AMBAVADI, AHMEDABAD. [PAN: A APPJ 8305 C ] VS. DEPUTY COMMISSIONER OF INCOME TAX .... ........ .... .. .. .. .... .. RESPONDENT CENTRAL CIRCLE 1(3), AHMEDABAD. APPEARANCES BY: VIBHA BHALLA , FOR THE APPELLANT S.N. SOPARKAR, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : OCTOBER 23 RD , 201 5 DATE OF PRONOUNCING THE ORDER : OCTOBER 23 RD , 2015 O R D E R PER BENCH : 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 15 TH MA RCH, 201 0 PASSED BY THE LD . CIT ( A) IN THE MATTER OF ASSESSMENT UNDER SECTION 153A R.W.S. 143(3) OF THE INCOME TAX ACT, 1961 ( THE ACT FOR SHORT), FOR THE ASSESSMENT YEAR 200 6 - 07 . 2. WHEN THIS APPEAL WAS CALLED OUT FOR HARING, LEARNED REPRESENTATIVES SUBMITTED THAT WHATEVER WE DECIDE IN T HE CASES OF BELA K. JHAVERI VS. DCIT, AND VICE VERSA, FOR THE IT(SS) A NO. 501 /AHD/201 0 A SSESSMENT Y EAR : 200 6 - 07 PAGE 2 OF 2 ASSESSMENT YEARS 2000 - 01, 2001 - 02, 2002 - 03, 2004 - 05 AND 2005 - 06 , WILL APPLY MUTATIS MU TA NDIS IN THIS CASE AS WELL. 3. VIDE OUR ORDER OF EVEN DA T E, WE HAVE, IN THE AFORESAID CASES, REMITTED TH E MATTER TO THE FILE OF THE LD . C IT(A) BY OBSERVING AS FOLLOWS : - 6. WE HAVE NOTED THAT IN THE IMPUGNED ORDER, LEARNED CIT ( A ) HAS MERELY FOLLOWED DECISION OF A CO - ORDINATE BENCH IN THE CA S E OF SUGAMCHAND C . SHAH VS. ACIT (SUPRA), WHICH, AS LEARNED REPRESEN TATIVES FAIRLY AGREE, IS NO LONGER GOOD LAW. THERE IS NO ADJUDICATION ON THE CORE ISSUE IN THE APPEALS I.E. WHETHER OR NOT THE ACTIVITY PURSED BY THE ASSESSEE , ON THE FACTS OF THIS CASE, CONSTITUTES AN ADVENTURE IN THE NATURE OF TRADE. AS A MATTER OF FA CT, THERE IS NO FINDING OR ADJUDICATION ON THE NATURE OF ACTIVITIES PURSUED BY THE ASSESSEE EITHER. LD. CIT(A) HAS BEEN S OMEWHAT SUPERFLUOUS IN HIS APPROACH. WHEN THIS WAS PUT TO THE LEARNED REPRESENTATIVES , BOTH THE PARTIES AGREED FOR THE MATTER BEING R EMITTED T O THE FILE OF THE LD . CIT ( A ) FOR FR E SH ADJUDICATION IN ACCORDANCE WITH THE LAW, BY WAY OF A SPE A KING O RD ER AND AFTER GIVING YET ANOTHER OPPORTUNITY OF HEARING TO T HE AS S ESSE E . WE, THEREFOR E , REMIT THE MATTER TO THE FILE OF THE LD . C IT(A) IN THE A BOVE T ERMS. 4. WE SEE NO REASONS TO TAKE ANY OTHER VIEW OF THE MATTER THAN THE VIEW SO TAKEN BY US AS A BOVE. RESPECTFULLY FOLLOWING TH E SAME, WE REMIT THE MATTER TO THE FILE OF THE LD . C IT (A) FOR FRESH ADJUDICATION ON THE SAME LINE. 5 . IN THE RESULT, T H E APP E AL IS ALLOWED FOR STATISTICAL PURPOSES . IT WAS SO PRONOUNCED IN TH E OPEN C OURT IMMEDIATELY UPON CONCLUSION OF HE A RING TODAY ON 23 RD DAY OF OCTOBER, 2015. SD/ - S D / - KUL BHARAT PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD , 23 RD DAY OF OCTOBER , 2015 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD