The ACIT, Central Circle-1, Surat V. Shri Maganbhai C. Desai, Surat

ITSSA 76/AHD/2007

• Counselvise Citation: [2011] 124 COUNSELVISE.COM (IT) 8139 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 4 month(s) 9 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 30-08-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 25-08-2011
• Assessment Year: misc
• Appeal Filed On: 20-04-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S PARIDA

Judgement Text

, , , , , IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, D BENCH . .. . . .. . , , , , !' !' !' !', , , , #$ #$ #$ #$ %% % & %% % & %% % & %% % &, , , , ' ' ' ' ( ' ( ' ( ' ( ' BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND MUKUL KR. SHRAWAT, JUDICIAL MEMBER) IT(SS)A NO.55/AHD/2007 [BLOCK YEAR : 1991-92 TO 2000-01 & UPTO 22-11-2000 ] MAGANBHAI C. DESAI SATYAKRUPA OPP: TELEPHONE EXCHANGE NANI CHOPATI SULTANABAD, DUMAS, SURAT. /VS. ACIT, CENT.CIR.1 SURAT. IT(SS)A NO.76/AHD/2007 [BLOCK YEAR : 1991-92 TO 2000-01 & UPTO 22-11-2000 ] ACIT, CENT.CIR.1 SURAT. /VS. MAGANBHAI C. DESAI SATYAKRUPA OPP: TELEPHONE EXCHANGE NANI CHOPATI SULTANABAD, DUMAS, SURAT. ( (( (*+ *+ *+ *+ / APPELLANT) ( (( (,-*+ ,-*+ ,-*+ ,-*+ / RESPONDENT) .& / 0 (/ ASSESSEE BY : NONE ' / 0 (/ REVENUE BY : SHRI S.S. PARIDA DATE OF HEARING : 25 TH AUGUST, 2011 DATE OF PRONOUNCEMENT : 30 TH AUGUST, 2011 (2 / O R D E R PER G.D. AGARWAL , VICE-PRESIDENT : THESE TWO APPEALS ARE BY THE ASSESSEE AND THE REVENUE AGAINST THE ORDER OF THE COMMISSION ER OF INCOME-TAX (APPEALS).2010 ARISING OUT OF THE ORDER OF THE ASSESSING OFFICER U NDER SECTION 158BC OF THE INCOME TAX ACT, 1961. 2. AT THE TIME OF HEARING BEFORE US, THE LEARNED CO UNSEL FOR ASSESSEE FILED A LETTER STATING THAT THE SETTLEMENT COMMISSION VIDE ORDER U NDER SECTION 245D (4) OF THE ACT HAS ADJUDICATED THE ISSUES RAISED IN THESE APPEALS. HE THEREFORE REQUESTED THAT THE ASSESSMENT ORDER MAY BE SET ASIDE AND THE AO MAY BE DIRECTED TO DETERMINE UNDISCLOSED INCOME OF THE BLOCK PERIOD AS PER ORDER OF THE SETTLEMENT COMMISSION. ALONG WITH THE ABOVE LETTER, THE COUNSEL FILED A CO PY OF ORDER OF THE SETTLEMENT COMMISSION DATED 31-5-2011. THE LEARNED DR HAS NO OBJECTION IF THE MATTER IS SET IT(SS)A NO.55 AND 76/AHD/2007 -2- ASIDE TOT HE FILE OF THE AO FOR RE-ADJUDICATION AS PER THE DIRECTION OF THE SETTLEMENT COMMISSION. 3. IN THE ABOVE CIRCUMSTANCES, THE ORDERS OF THE AU THORITIES BELOW ARE SET ASIDE AND THE MATTER IS RESTORED BACK TO THE FILE OF THE AO. HE IS DIRECTED TO DETERMINE UNDISCLOSED INCOME OF THE BLOCK PERIOD AS PER ORDER OF THE SETTLEMENT COMMISSION. 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE AND THE REVENUE ARE DEEMED TO BE ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT THE DATE MENTIONED O N THE FIRST PAGE OF THIS ORDER. SD/- SD/- ( %% % & %% % & %% % & %% % & /MUKUL KR. SHRAWAT ) ' ' ' ' /JUDICIAL MEMBER ( . .. . . .. . G.D. AGARWAL) !' !' !' !' /VICE-PRESIDENT PLACE : AHMEDABAD C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD IT(SS)A NO.55 AND 76/AHD/2007 -3- 1. DATE OF DICTATION : 25-08-2011 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER. : 29-08-2011 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S : 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT. : 5. DATE ON WHICH FAIR ORDER PLACED BEFORE OTHER MEMB ER : 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S. : 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK. : 30-8-2011 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK. : 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER. : 10. DATE OF DESPATCH OF THE ORDER :