SHRI BABU LAL SOMANI PROP., Kota V. ITO, Kota

MA 12/JPR/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2091 (ITAT-JAIPUR)
• Duration Of Justice: 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-07-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 07-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C M BIRLA
• Assessee Lawyers: D C SHARMA
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH: JAIPUR (BEFORE SHRI R.P. TOLANI AND SHRI T.R. MEENA) M.A. NO. 12/JP/2014 (ARISING OUT OF ITA NO. 605/JP/2011) ASSESSMENT YEAR 2007-08 SHRI BABU LAL SOMANI VS. THE I.T.O. PROP. M/S SOMANI & CO. & WARD 2(1), KOTA. M/S SOMANI CARRIER, BUNDI ROAD, KOTA. PAN: ATBPA 9231 K (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI DC SHARMA RESPONDENT BY : SHRI C.M. BIRLA. DATE OF HEARING : 11/07/2014 DATE OF PRONOUNCEMENT : 18/07/2014. O R D E R PER T.R. MEENA, A.M. THE ASSESSEE HAS FILED THIS M.A. AGAINST THE ORDER OF B BENCH, JAIPUR IN ITA NO. 605/JP/2011, WHICH WAS PASSED ON 1 3/01/2012. 2. IN THIS CASE, ORDER U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) WAS PASSED BY THE ASSESSING OFFICER ON 07/0 7/2010 AND TOTAL ADDITION OF RS. 70,69,378/- WAS MADE BY THE HIM 3. THE ASSESSEE CHALLENGED THE ADDITION BEFORE THE L EARNED CIT(A), KOTA, WHO HAD ALLOWED THE APPEAL PARTLY. THE ASSESSEE FILED APPEAL BEFORE US, WHICH WAS DECIDED BY THE COORDINATE B BENCH, JA IPUR IN ITA NO. 2 605/JP/2011 FOR A.Y. 2007-08 ON 13/1/2012. THE HONB LE ITAT ALLOWED THE APPEAL PARTLY. 4. NOW THE ASSESSEE FILED THE PRESENT M.A. AGAINST T HE GROUND NO. 4 AND 6 OF THE APPEAL BEFORE THE HONBLE ITAT AND THE TRIBUNAL HELD THAT THIS ISSUE HAS BEEN CONSIDERED BY US WHILE DISPOSING OF THE APPEAL FOR THE A.Y. 2004-05. FOLLOWING THAT ORDER FOR THE A.Y. 200 4-05, WE HOLD THAT THE LEARNED CIT(A) HAS ERRED IN DELETING THE ADDITION O N ACCOUNT OF PROTECTIVE INVESTMENT OF RS. 12.90 LACS. THE HONBLE ITAT HAS N OT GIVEN ANY FINDING ON GROUND NO. 4 OF THE REVENUE, IN WHICH THE ADDITI ON ON ACCOUNT OF UNRECORDED ADVANCES AT RS. 23,11,000/- WAS RAISED BE FORE THE ITAT. THEREFORE, IT IS AN APPARENT MISTAKE ON RECORD AND T O THAT EXTENT, THE ITAT ORDER MAY BE RECALLED. 5. THE LEARNED A.R. SUBMITTED THAT THESE INVESTMENT S WERE BELONGED TO SMT. MEENA SOMANI, WIFE OF THE ASSESSEE, WHICH HAS BEEN CONSIDERED IN HER RESPECTIVE ASSESSMENT. THE ASSESSEE CHALLENGED T HIS ADDITION IN GROUND NO. 5(VI), WHICH HAS BEEN DECIDED BY THE LEA RNED CIT(A) IN PARA 9.3 OF ITS ORDER AND THESE ADDITIONS WERE CONSIDERED IN A.Y. 2002-03 AND 2003-04, THEREFORE, THE LEARNED CIT(A) DELETED THE ADDITIONS, BUT THE HONBLE ITAT HAS NOT SPECIFICALLY GIVEN ANY FINDING ON THESE ADDITIONS MADE BY THE ASSESSING OFFICER AND DELETED BY THE LE ARNED CIT(A) IN HIS ORDER. 3 6. WE HAVE CONSIDERED THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. IT IS CLEAR FROM THE ORDER OF THIS BENCH THAT THIS ASPECT HAS NOT BEEN TOUCHED BY THE COORDINATE BENCH. THEREFORE, THIS IS APPARENT MISTAKE ON RECORD AND RE QUIRED TO BE CLARIFIED. HOWEVER, IT IS FACT THAT THESE ADDITIONS HAVE BEEN C ONSIDERED BY THE ASSESSING OFFICER AS WELL AS BY THE LEARNED CIT(A) IN A.Y. 2002-03 AND 2003-04 IN CASE OF SMT. MEENA SOMANI, WIFE OF THE AS SESSEE, WHICH HAS NOT BEEN CONTROVERTED BY THE REVENUE BEFORE US. THE REFORE, WE CONFIRM THE ORDER OF THE LEARNED CIT(A) ON DELETION OF ADD ITION ON ACCOUNT OF UNRECORDED ADVANCES AT RS. 23,11,000/-. ACCORDINGLY , M.A. OF THE ASSESSEE IS ALLOWED AND APPEAL OF THE REVENUE ON THIS ISSUE I S DISMISSED. 7. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE STANDS ALLOWED AS PRONOUNCED IN THE OPEN COURT ON 18/07/201 4. SD/- SD/- (R.P. TOLANI) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR, DATED: 18 TH JULY, 2014 * RANJAN COPY FORWARDED TO :- 1. SHRI BABU LAL SOMANI, KOTA. 2. THE ITO, WARD 2(1), KOTA. 3. THE CIT (A) 4. THE CIT 5. THE D/R GUARD FILE (M.A. NO. 12/JP/2014) BY ORDER, AR ITAT JAIPUR.