Shri Pranjivanbhai S. Dhoriyani, Surat V. The ACIT, Circle-8, Surat

MA 1/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 3952 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-02-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 19-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 05-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAGENDRA SINGH
• Assessee Lawyers: J P SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: S H RI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER SHRI PRANJIVANBHAI S. DHORIYANI, 51, PARVATINAGAR SOCIETY, NR. SATHANA JAKATNAKA, KAMREJ, SURAT PAN:ABGPD897N (APPELLANT) VS THE ACIT, CIRCLE - 8, AAYAKAR BHAVAN, MAJURA GATE, SURAT (RESPONDENT) REVENUE BY : S H RI NAGENDRA SINGH , SR. D . R. ASSESSEE BY: S H RI J.P. SHAH , A.R. DATE OF HEARING : 19 - 0 2 - 2 016 DATE OF PRONOUNCEMENT : 26 - 02 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THIS ASSESSEE S MA SEEKS TO RECALL/RECTIFICATION OF OUR ORDER DATED 30 - 11 - 2015 PARTLY ACCEPTING THE REVENUE S APPEAL THEREBY M A NO . 01 / A HD/20 16 (IN I TA NO. 1512/AHD/2012) A SSESSMENT YEAR 200 9 - 10 MA NO. 01 /AHD /2016(IN ITA NO. 1512/AHD/2012) A.Y. 2009 - 10 PAGE NO SHRI PRANJIVANBHAI S. DHORIYANI VS. ACIT 2 PARTLY RESTORING CASH / UN - EXPLAINED CREDITS ADDITION OF RS. 17,62,500/ - TO RS. 9,60,000/ - ONLY O N PRESUMPTIVE AND ESTIMATION BA SIS. WE HAVE HEARD BOTH PARTIES. CASE FILE PERUSED. 2. THE ASSESSEE S SOLITARY CONTENTION RAISED IN THE COURSE OF HEARING THAT WE HAVE ESTIMATED HIS HOUSEHOLD WITHDRAWAL FOR PRECEDING TWO ASSESSMENT YEAR S 2007 - 08 AND 2008 - 09 TO BE RS. 40,0 00/ - PER MONTH AGGREGATING TO RS . 9,60,000/ - . HE CONTENDS THAT THIS FIGURE HAS BEEN WRONGLY ADDED IN VIEW OF THE FACT THAT THE CIT(A) HAS ALREADY DETERMINED THE VERY WITHDRAWAL IN THE IMPUGNED ASSESSMENT YEAR TO BE OF R S. 90,000/ - . THE ASSESSEE ACCORDINGLY SUBMITS THAT OUR ESTIMATION IN THE PRECEDING TWO ASSESSMENT YEARS POINTED HEREINABOVE A MOUNTS TO AN APPARENT ERROR. THE R EVENUE IS UNABLE TO REBUT THIS FACTUAL POSITION IN THE C OURSE OF HEARING. WE OBSERVE IN THESE FAC TS THAT ONCE THE CIT(A) IN LOWER APPELLATE ORDER DECIDES ASSESSEE S HOUSE HOLD WITHDRAWAL IN THE IMPUGNED ASSESSMENT YEAR ITSELF, OUR ESTIMATION HOL DING THE VERY FIGURES TO BE OF RS. 4,80,000/ - IN PRECEDING TWO ASSESSMENT YEARS SUFFERS FROM AN APPARENT ERROR. WE RECTIFY OUR MISTAKE TO THIS LIMITED EXTENT. OUR ORDER DATED 30 - 11 - 2015 SHALL NOW READ ASSESSEE S HOUSE HOLD WITHDRAWAL OF THE TWO ASSESSME NT YEARS IN QUESTION TO BE OF RS . 90,000/ - EACH AGGRE GATING TO R S. 1,80,000/ - . THE ADDITION AMOUNT AS PARTLY CONF IRMED OF RS. 9,60,000/ - SHALL NOW BE TAKEN AS RS. 1,80,000/ - ONLY. THE ASSESSEE S CONTENTIONS ARE ACCORDINGLY ACCEPTED. MA NO. 01 /AHD /2016(IN ITA NO. 1512/AHD/2012) A.Y. 2009 - 10 PAGE NO SHRI PRANJIVANBHAI S. DHORIYANI VS. ACIT 3 3. THIS ASSESSEE S MA IS ALLOWED IN ABOVE TERMS. ORDER PR ONOUNCED IN THE OPEN C OURT ON 26 - 02 - 201 6 SD/ - SD/ - ( PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 26 /02 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,