ACIT (Central), Cuttack V. Bishandayal Jewellers , Cuttack

ITSSA 78/CTK/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 2686 (ITAT-CUTTACK)
• Duration Of Justice: 2 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 06-04-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 25-09-2022
• Assessment Year: 2015-2016
• Appeal Filed On: 09-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Additional evidence; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE S/ AND ARUN KHODPIA, ACCOUNTANT MEMBER Ranjita Jena, At Talcher Town, Talcher, Dist: Angul PAN/GIR No. (Appellant Per C.M.Garg This is an appeal filed by the assessee a CIT(A)-2, Bhubaneswar 17. 2. The additional ground taken by the assessee reads as under: “ For that the AO is erred for making addition of Rs. without proper verification of records of Dr. Subash Chandra Jena, ms Samapika jena and appellant who being Assessing Officer of aforesaid three assesses disclosing the amount seized from the residence where they are staying jointly.’ 3. Ld A.R. of the assessee referred to the paper book filed before the Tribunal, especially Annexure IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK S/SHRI CHANDRA MOHAN GARG, JUDICIAL AND ARUN KHODPIA, ACCOUNTANT MEMBER IT(ss) A No. 78/CTK/2019 Assessment Year : 2016-17 Ranjita Jena, At- Amalapada, Talcher Town, Talcher, Dist: Vs. ACIT, Central Circle, Cuttack No.ACVPJ 3787 A (Appellant) .. ( Respondent Assessee by : Shri J.M.Patnaik Revenue by : Shri S.C.Mohanty, Addl. Date of Hearing : 5/4/ 20 Date of Pronouncement : 7 / O R D E R g, JM This is an appeal filed by the assessee against the order of the , Bhubaneswar dated 19.12.2018 for the assessment year The additional ground taken by the assessee reads as under: “ For that the AO is erred for making addition of Rs. without proper verification of records of Dr. Subash Chandra Jena, ms Samapika jena and appellant who being Assessing Officer of aforesaid three assesses disclosing the amount seized from the residence where they are staying jointly.’. Ld A.R. of the assessee referred to the paper book filed before the Tribunal, especially Annexure-4 Series i.e. true copy of the cash flow Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER 78/CTK/2019 ACIT, Central Circle, Cuttack Respondent) J.M.Patnaik, AR S.C.Mohanty, Addl. CIT (DR) / 2022 /4/2022 gainst the order of the for the assessment year 2016- The additional ground taken by the assessee reads as under: “ For that the AO is erred for making addition of Rs. 17,86,000/- without proper verification of records of Dr. Subash Chandra Jena, ms Samapika jena and appellant who being Assessing Officer of the aforesaid three assesses disclosing the amount seized from the Ld A.R. of the assessee referred to the paper book filed before the 4 Series i.e. true copy of the cash flow IT(ss)A No. 78/CTK/2019 Assessment Year : 2016-17 Page3 | 3 required to be confronted to the AO under rule 46A of the I.T.Rules. Therefore, to avoid multiplicity of avoidable proceedings, we feel it proper to restore back the matter to the file of AO instead of restoring back the matter to the file of CIT(A) Accordingly, we set aside the order of the ld CIT(A) and restore the matter to the file of the AO to consider the additional evidence now filed before the Tribunal and pass assessment afresh. The assessee is directed to file the additional evidence, as it feel fit, for adjudication of the issue afresh by the AO. 6. In the result, appeal of the assessee is allowed for statistical purposes.\ Order pronounced on 7 /4/2022. Sd/- sd/- (Arun Khodpia) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 7 /04/2022 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Ranjita Jena, At- Amalapada, Talcher Town, Talcher, Dist: Angul 2. The Respondent. ACIT, Central Circle, Cuttack 3. The CIT(A)-2, Bhubaneswar 4. Pr.CIT-2, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//