M/s. Pathik Developers, Surat V. The ACIT, Central Circle-2, Surat

MA 175/AHD/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1955 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-06-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 02-05-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 26-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Assessee Lawyers: S N SOPARKAR
• Keywords: Unexplained investment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (BEFORE SHRI G.C.GUPTA VICE PRESIDENT & SHRI ANIL C HATURVEDI, A.M.) M. A. NO. 175/AHD/2013 (IN ITA NO. 3020A HD/2009) (ASSESSMENT YEAR : 2006-07) M/S. PATHIK DEVELPERS 4, TIRUPATI APARTMENT, NR KADIWALA SCHOOL, RING ROAD, SURAT V/S ACIT, CENTRAL CIRCLE-2, SURAT (APPELLANT) (RESPONDENT) PAN: AAIFP 5808R APPELLANT BY : SHRI S.N. SOPARKAR SR. ADV OCATE RESPONDENT BY : SHRI P.L. KUREEL, SR. D.R. ( )/ ORDER DATE OF HEARING : 02-05-2014 DATE OF PRONOUNCEMENT : 27 -06-2014 PER SHRI ANIL CHATURVEDI,A.M. 1. BY THIS MA, THE ASSESSEE HAS PRAYED FOR RECALLING T HE ORDER OF TRIBUNAL IN ITA NO. 3020/AHD/2009 ORDER DATED 05.07.2013 FOR A. Y. 06-07. 2. IN THE M.A, IT IS SUBMITTED THAT IN THIS CASE ADDIT ION WAS MADE BY THE A.O ON ACCOUNT OF UNACCOUNTED INVESTMENT IN LAND AGAINST W HICH ASSESSEE APPEALED BEFORE CIT(A). CIT(A) GRANTED PARTIAL RELIEF TO THE ASSESSEE AND THEREFORE ASSESSEE PREFERRED APPEAL BEFORE HONBLE TRIBUNAL. IT WAS SUBMITTED THAT THE ADDITION OF RS. 25,52,780/- MADE BY A.O ON THE BASI S OF STATEMENT OF SHRI INDRA VADAN INTWALA AND WHICH WAS SUSTAINED BY CIT( A) WAS SET ASIDE TO THE MA NO 175/A/2013 (IN ITA NO. 3020/A/09) . A.Y. 2006- 07 2 FILE OF A.O BY HONBLE ITAT AND A.O WAS DIRECTED TO SUPPLY COPY OF STATEMENT AND OPPORTUNITY TO ASSESSEE TO CROSS EXAM INE SHRI INDRAVADAN INTWALA. THE LD. A.R. POINTED THAT THE DEPARTMENT H AD ALSO FILED AN APPEAL BUT THE APPEAL WAS AN INDEPENDENT APPEAL WHEREIN TH E REVENUE WAS AGGRIEVED BY THE ADDITION DELETED BY CIT(A) IN RESP ECT OF PLOTS PURCHASED FROM OTHERS BY EXTRAPOLATING PRICE ADMITTED BY SHRI INTWALA IN HIS STATEMENT. IT WAS SUBMITTED THAT THE ORDER OF CIT(A) WAS ERRON EOUSLY SET ASIDE TO THE FILE OF A.O SINCE THERE WAS NEITHER ANY EVIDENCE NO R STATEMENT OF SELLERS OF HAVING RECEIVED ANY ON MONEY FROM THE ASSESSEE. IT WAS THEREFORE SUBMITTED THAT THE EXAMINATION OF SHRI INTWALA HAS NO BEARING ON THE DEPARTMENT APPEAL AND THEREFORE SETTING ASIDE OF ISSUE IN APPE AL OF REVENUE CONSTITUTES AN ERROR APPARENT ON RECORD THAT REQUIRES MODIFICAT ION. 3. THE LD. D.R. ON THE OTHER HAND SUBMITTED THAT THERE WAS NO ERROR APPARENT ON RECORD AND THEREFORE OPPOSED THE PRAYER OF LD. A.R. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. ON PERUSING THE ORDER OF A.O AND CIT(A), IT IS SEEN TH AT ASSESSEE HAD PURCHASED 6 PLOTS OF WHICH 2 PLOTS WERE FROM MR. INTWALA AND 4 PLOTS WERE FROM OTHER PARTIES. A.O HAD MADE THE ADDITION IN RESPECT OF AL L THE 6 PLOTS BASED ON THE STATEMENT OF MR. INTWALA. CIT(A) HAS GRANTED RELIEF IN RESPECT OF PLOTS THAT WERE PURCHASED FROM OTHER PARTIES BECAUSE THERE WAS NO EVIDENCE FOR PAYMENT OF ON MONEY. WE FIND FORCE IN THE SUBMISSIO N OF LD. A.R. THAT THE EXAMINATION OF MR. INTWALA HAS NO BEARING ON THE DE PARTMENTAL APPEAL AS ITS APPEAL WAS AN INDEPENDENT APPEAL AND WAS NOT DIRECT LY CONNECTED WITH GROUND RAISED BY ASSESSEE IN ITS APPEAL. WE ARE THE REFORE OF THE VIEW THAT THE APPEAL OF REVENUE WAS NOT REQUIRED TO BE REMITTED T O A.O AND THEREFORE MA NO 175/A/2013 (IN ITA NO. 3020/A/09) . A.Y. 2006- 07 3 REMITTING THE REVENUES APPEAL WAS MISTAKE APPARENT FROM RECORD. WE THEREFORE AMEND THE ORDER IN ITA NO. 3020/AHD/2009 AND DISMISS THE APPEAL OF REVENUE. WE THUS DIRECT ACCORDINGLY. 5. IN THE RESULT, THE M.A. IS ALLOWED AS PER DIRECTION S CONTAINED HEREIN. ORDER PRONOUNCED IN OPEN COURT ON 27 - 06 - 2014. SD/- SD/- (G.C.GUPTA) (ANIL CHATURVEDI) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD. TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AH MEDABAD