Shri Parag P.Jhaveri, Ahmedabad V. The Dy.CIT.,Cent.Circle-1(3), Ahmedabad

ITSSA 687/AHD/2010

• Counselvise Citation: [2015] 122 COUNSELVISE.COM (IT) 1049 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 1 month(s) 14 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: 2004-2005
• Appeal Filed On: 09-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIBHA BHALLA
• Assessee Lawyers: S N SOPARKAR
• Section: 143(3); 153A

Judgement Text

IT(SS) A NOS.6 87, 688, 500, 777, 778 & 779 /AHD/201 0 C.O. NOS. 327, 328 & 329 /AHD/2010 A SSESSMENT Y EAR S : 200 4 - 05, 2 005 - 06, 2006 - 07, 2000 - 01, 200 1 - 0 2 & 2002 - 03 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH , AHMEDABAD [CORAM: PRAMOD KUMAR AM AND KUL BHARAT JM ] IT(SS)A NOS . 6 87, 688 & 500 / AHD/201 0 A SS ESS MENT YEAR S : 200 4 - 05, 2005 - 06 & 2006 - 07 PARAG P. JHAVERI ....... .. .. . ..... APPELLANT A /3, EMBASSY APARTMENT, DR. V.S. ROAD, AMBAVADI, AHMEDABAD. [PAN: A A K PJ 5052 F ] VS. DEPUTY COMMISSIONER OF INCOME TAX .... ........ .... .. .. .. .... .. RESPONDENT CENTRAL CIRCLE 1(3), AHMEDABAD. IT(SS)A NOS.777, 778 & 779/AHD/2010 ASSESSMENT YEARS: 2000 - 01, 2001 - 02 & 2002 - 03 DEPUTY COMMISSIONER OF INCOME TAX ....... .. .. . .....APPELLANT CENTRAL CIRCLE 1(3), AHMEDABAD. VS. PARAG P. JHAVERI .... .................. .... .. RESPONDENT A/3, EMBASSY APARTMENT, DR. V.S. ROAD, AMBAVADI, AHMEDABAD. [PAN : A AKPJ 5052 F ] C.O. NOS.327, 328 & 329/AHD/2010 (IN IT(SS)A NOS.777, 778 & 779/AHD/2010) ASSESSMENT YEARS: 2000 - 01, 2001 - 02 & 2002 - 03 PARAG P. JHAVERI ....... .. .. . .....APPELLANT A/3, EMBASSY APARTMENT, DR. V.S. ROAD, AMBAVADI, AHMEDABAD. [PAN: A AKPJ 5052 F ] VS. DEPUTY COMMISSIONER OF INCOME TAX .... .................. .... .. RESPONDENT CENTRAL CIRCLE 1(3), AHMEDABAD. IT(SS) A NOS.6 87, 688, 500, 777, 778 & 779 /AHD/201 0 C.O. NOS. 327, 328 & 329 /AHD/2010 A SSESSMENT Y EAR S : 200 4 - 05, 2 005 - 06, 2006 - 07, 2000 - 01, 200 1 - 0 2 & 2002 - 03 PAGE 2 OF 3 APPEARANCES BY: S.N. SOPARKAR, FOR THE ASSESSEE VIBHA BHALLA, FOR THE REVENUE DATE OF CONCLUDING THE HEARING : OCTOBE R 23 RD , 201 5 DATE OF PRONOUNCING THE ORDER : OCTOBER 23 RD , 2015 O R D E R PER BENCH : 1. THESE SIX APPEALS , THREE BY THE ASSESSEE AND THREE BY THE REVENUE, AND THREE CROSS OBJECTIONS BY THE ASSESSEE PERTAIN TO THE SAME ASSESSEE, INVOLVE SOME COMMON ISSUES AND ARE DIRECTED AGAINST LEARNED CIT(A) S CONSOLIDATED ORDER DATED 10 TH AUGUST, 2010 AND A SEPARATE ORDER DATED 15 TH MARCH, 2010 , IN THE MATTER OF ASSESSMENTS UNDER SECTION 153A R.W.S. 143(3) OF THE INCOME TAX ACT, 1961 ( THE ACT FOR SHORT), FOR THE ASSE SSMENT YEARS 2000 - 01, 2001 - 02, 2002 - 03, 2004 - 05 , 2005 - 06 & 2006 - 07 . AS A MATTER OF CONVENIENCE, THEREFORE, ALL THE SIX APPEALS AND THREE CROSS OBJECTIONS ARE BEING DISPOSED OF BY WAY OF THIS CONSOLIDATED ORDER. 2. WHEN THIS APPEAL WAS CALLED OUT FOR H E AR ING, LEARNED REPRESENTATIVES SUBMITTED THAT WHATEVER WE DECIDE IN THE CASES OF BELA K. JHAVERI VS. DCIT, AND VICE VERSA, FOR THE ASSESSMENT YEARS 2000 - 01, 2001 - 02, 2002 - 03, 2004 - 05 AND 2005 - 06 , WILL APPLY MUTATIS MUTANDIS IN THIS CASE AS WELL. 3. VIDE OUR ORDER OF EVEN DATE, WE HAVE, IN THE AFORESAID CASES, REMITTED THE MATTER TO THE FILE OF THE LD. CIT(A) BY OBSERVING AS FOLLOWS : - IT(SS) A NOS.6 87, 688, 500, 777, 778 & 779 /AHD/201 0 C.O. NOS. 327, 328 & 329 /AHD/2010 A SSESSMENT Y EAR S : 200 4 - 05, 2 005 - 06, 2006 - 07, 2000 - 01, 200 1 - 0 2 & 2002 - 03 PAGE 3 OF 3 6. WE HAVE NOTED THAT IN THE IMPUGNED ORDER, LEARNED CIT(A) HAS MERELY FOLLOWED DECISION OF A CO - ORDINATE BENCH IN THE CASE OF SUGAMCHAND C. SHAH VS. ACIT (SUPRA), WHICH, AS LEARNED REPRESENTATIVES 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 FACT, THERE IS NO FINDING OR ADJUDICATION ON THE NATURE OF ACTIVITIES PURSUED BY THE ASSESSEE EITHER. LD. CIT(A) HAS BEEN SOMEWHAT SUPERFLUOUS IN HIS APPROACH. WHEN THIS WAS PUT TO THE LEAR NED REPRESENTATIVES, BOTH THE PARTIES AGREED FOR THE MATTER BEING REMITTED TO THE FILE OF THE LD. CIT(A) FOR FRESH ADJUDICATION IN ACCORDANCE WITH THE LAW, BY WAY OF A SPEAKING ORDER AND AFTER GIVING YET ANOTHER OPPORTUNITY OF HEARING TO THE ASSESSEE. WE, THEREFORE, REMIT THE MATTER TO THE FILE OF THE LD. CIT(A) IN THE ABOVE TERMS. 4. WE SEE NO REASONS TO TAKE ANY OTHER VIEW OF THE MATTER THAN THE VIEW SO TAKEN BY US AS ABOVE. RESPECTFULLY FOLLOWING THE 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, ALL T HE THREE APP E ALS FILED BY THE ASSESSEE, ALL THE THREE APPEALS FILED BY THE REVENUE AND ALL THE THREE CRO SS OBJECTIONS FILED BY THE ASSESSEE ARE AL LOWED IN THE TERMS INDICATED ABOVE. I T 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/ - SD/ - 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 AHMEDA BAD BENCHES, AHMEDABAD