Shri Falgun K. Doshi, Baroda V. The Dy.CIT.,Circle-2(1), Baroda

ITSSA 8/AHD/2009

• Counselvise Citation: [2011] 124 COUNSELVISE.COM (IT) 7912 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 07-12-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 07-12-2011
• Assessment Year: misc
• Appeal Filed On: 29-01-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MRS URVASHI SHODHAN; S N SOPARKAR
• Section: 132

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE S/SHRI D.K.TYAGI, JM AND B.P. JAIN, AM. IT(SS) A NO. BLOCK PERIOD 08/AHD/2009 1986-87 TO 5/10/1995 09/AHD/2009 -DO- 10/AHD/2009 1984-85 TO 5/10/1995 11/AHD/2009 1986-87 TO 5/10/1995 12/AHD/2009 1988-89 TO 5/10/1995 13/AHD/2009 1984-85 TO 5/10/1995 14/AHD/2009 1988-89 TO 5/10/1995 SHRI FALGUN K. DOSHI, 33, MADHAV BAUG SOCIETY, MAKARPURA, BARODA- 390010 VS. DY. CIT, CIRCLE 2(1), BARODA. SHRI CHIMANLAL GIRDHARLAL DOSHI, 33, MADHAV BAUG SOCIETY, MAKARPURA, BARODA-390010. VS. DY. CIT, CIRCLE 2(1), BARODA. SHRI VIJAY CHIMANLAL DOSHI, 33, MADHAV BAUG SOCIETY, MAKARPURA, BARODA-390010 VS. DY. CIT, CIRCLE 2(1), BARODA. SHRI BHARAT CHIMANLAL DOSHI, 33, MADHAV BAUG SOCIETY, MAKARPURA, BARODA-390010 VS. DY. CIT, CIRCLE 2(1), BARODA. M/S VIMAL FIRE CONTROLS, 33, MADHAV BAUG SOCIETY, MAKARPURA, BARODA-390010 VS. DY. CIT, CIRCLE 2(1), BARODA. M/S PANCHRATNA INDUSTRIES, 33, MADHAV BAUG SOCIETY, MAKARPURA, BARODA-390010 VS. DY. CIT, CIRCLE 2(1), BARODA. M/S DHANLAXMI ENTERPRISES, 33, MADHAV BAUG SOCIETY, MAKARPURA, BARODA-390010 VS. DY. CIT, CIRCLE 2(1), BARODA. APPELLANT BY :- SHRI S. N. SOPARKAR, SR.ADVOCATE & MRS. URVASHI SHODHAN, ADVOCATE. RESPONDENT BY:- SHRI S. S. PARIDA, CIT, DR IT(SS)A NOS. 8 TO 14/AHD/2009 BLOCK PERIOD 1986-87 TO 5/10/1995 & OTHERS 2 DATE OF HEARING :7/12/2011 DATE OF PRONOUNCEMENT : 7/12/2011 O R D E R PER BENCH ALL THESE APPEALS ARE RELATE TO DOSHI GROUP. A SEAR CH UNDER SECTION 132 OF THE ACT WAS CARRIED OUT AT THE BUSINESS AND RESIDENTIAL PREMISES OF SHRI NALIN C. DOSHI, THE PROPRIETOR OF VISEC DAMAN/ BARODA. IN ALL THE APPEALS ADDITIONS HAVE BEEN MADE ON PROTECTIVE BASI S AND THE ADDITIONS ON SUBSTANTIVE BASIS WERE MADE IN THE CASE OF SHRI NALIN C. DOSHI. 2. AT THE TIME OF HEARING AT THE OUTSET THE LD. COU NSEL OF THE ASSESSEES SUBMITTED THAT SHRI NALIN C. DOSHI HAS TAKEN TURNOV ER OF ALL THE 9 GROUP CONCERNS AND OFFERED UNDISCLOSED INCOME IN HIS PETI TION BEFORE THE SETTLEMENT COMMISSION. THE HEARING BEFORE THE SETTL EMENT COMMISSION HAS ALSO BEEN COMPLETED AND FINAL DECISION OF SETTL EMENT COMMISSION IS EXPECTED TO COME ANY TIME. SINCE SHRI NALIN C. DOSH I HAS OFFERED THE UNDISCLOSED INCOME OF THE ENTIRE GROUP IN HIS SETTL EMENT PETITION IT WOULD BE PROPER THAT THE MATTER INVOLVED IN ALL THESE APP EALS MAY KINDLY BE RESTORED TO THE FILE OF AO FOR FRESH ADJUDICATION I N THE LIGHT OF FINAL DECISION OF THE SETTLEMENT COMMISSION. THE LD. DR DID NOT OPPOSE THIS IT(SS)A NOS. 8 TO 14/AHD/2009 BLOCK PERIOD 1986-87 TO 5/10/1995 & OTHERS 3 SUBMISSION OF LD. COUNSEL. THEREFORE, THE MATTER IN VOLVED IN ALL THESE APPEALS IS RESTORED BACK TO THE FILE OF AO FOR FRES H ADJUDICATION IN THE LIGHT OF FINAL DECISION OF THE SETTLEMENT COMMISSIO N. THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, ALL THE APPEALS ARE ALLOWED FOR S TATISTICAL PURPOSES. ORDER WAS PRONOUNCED IN OPEN COURT ON 7/12/2011. SD/- SD/- (B.P. JAIN) (D.K. TYAGI) ACCOUNTANT MEMBER JUDICI AL MEMBER AHMEDABAD, MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD 1.DATE OF DICTATION 7/12/2011. 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER.OTHER MEMBER 8/12/2011 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 THE DICTATING MEMBER FOR PRONOUNCEMENT.. 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..