AMRAPALI JEWELS PVT. LTD., Jaipur V. DCIT, Jaipur

MA 36/JPR/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4509 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 18-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VARMA CIT DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI VIKRAM SINGH YA DAV, AM VK;DJ VIHY MA NO. 36/JP/16 ( ARISING OUT OF ITA NO. 303/JP/2015) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11 M/S AMRAPALI JEWELS PVT. LTD. PANCH BATI, M.I. ROAD, JAIPUR CUKE VS. THE DCIT, CIRCLE-2, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AABCA 3277 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL (CA) JKTLO DH VKSJ LS@ REVENUE BY SHRI R.A. VARMA (ADDL. CIT ) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 01.07.2016 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 26 /07/2016. VKNS'K@ ORDER PER SHRI VIKRAM SINGH YADAV, A.M. THE APPELLANT HAS FILED THE SUBJECT MISCELLANEOUS A PPLICATION AGAINST THE ORDER OF ITAT DATED 04.02.2016 CONTENDING THAT A MI STAKE APPARENT FROM RECORD IN PARA 2 OF THE ORDER IN AS MUCH AS THE DIR ECTION TO THE AO SHOULD BE SUITABLY MODIFIED TO INCLUDE EXAMINATION OF THE GEN UINENESS OF THE PURCHASES MADE FROM M/S BRIGHT STONE AS AGAINST THE PRESENT D IRECTION TO EXAMINE THE SAME AFRESH AFTER CONSIDERING THE DECISION OF HONB LE RAJASTHAN HIGH COURT IN CASE OF ANUJ KUMAR VARSHNEY & OTHERS. MA NO. 36/JP/16 (ARISING OUT OF ITA NO.303/JP/15) M/S AMRAPALI JEWELS PVT. LTD. VS. DCIT, CIRCLE-2, J AIPUR 2 2. THE LR AR SUBMITTED THAT IN COURSE OF HEARING BE FORE THE HONBLE BENCH, THE AR OF THE ASSESSEE HAD POINTED OUT THAT PURCHAS E MADE FROM M/S BRIGHT STONE WAS FULLY VERIFIABLE AND THAT SHRI SHARAD AG ARWAL PROPRIETOR OF THIS CONCERN IS A GENUINE PERSON FOR WHICH NECESSARY EVI DENCE WERE PLACED ON RECORD. AFTER CONSIDERING THE SAME, IT WAS SUBMITT ED THAT HONBLE ITAT HAD OBSERVED THAT MATTER WILL BE SENT BACK TO THE AO T O VERIFY THE GENUINENESS OF THE PURCHASES MADE FROM M/S BRIGHT STONE. THE HON BLE ITAT HOWEVER IN PARA 2 OF THE ORDER INSTEAD OF SETTING ASIDE THE M ATTER TO THE AO TO VERIFY THE GENUINENESS OF THE PURCHASES MADE FROM BRIGHT STONE , SET ASIDE THE MATTER TO THE AO TO EXAMINE THE SAME AFRESH AFTER CONSIDERI NG THE DECISION OF HONBLE RAJASTHAN HIGH COURT IN CASE OF ANUJ KUMAR VARSHNEY & OTHERS. IT IS SUBMITTED THAT THE DECISION OF ITAT IN CASE OF ANUJ KUMAR VA RSHNEY & OTHERS WAS GIVEN UNDER THE FACT THAT THE PURCHASES ARE NOT VERIFIABL E WHEREAS IN THE PRESENT CASE THE CLAIM OF THE ASSESSEE IS THAT PURCHASE IS VERIFIABLE FOR WHICH NECESSARY EVIDENCES WAS FILED. IN VIEW OF ABOVE, A MISTAKE A PPARENT ON RECORD HAS CREPT IN THE ORDER OF HONBLE ITAT AND THEREFORE PARA 2 O F THE ORDER BE SUITABLY MODIFIED WITH THE DIRECTION TO THE AO TO EXAMINE TH E GENUINENESS OF THE PURCHASES MADE FROM M/S BRIGHT STONE AS AGAINST THE PRESENT DIRECTION TO EXAMINE THE SAME AFRESH AFTER CONSIDERING THE DECIS ION OF HONBLE RAJASTHAN HIGH COURT IN CASE OF ANUJ KUMAR VARSHNEY & OTHERS. 3. THE LD DR IS HEARD. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PURSUED THE MATERIAL ON RECORD. AS WE HAVE ALREADY SET ASIDE THE MATTER TO THE FILE OF THE AO TO EXAMINE THE MATTER AFRESH, THE SAME NECESSARY INCLU DES EXAMINATION AND VERIFICATION OF NECESSARY EVIDENCES PLACED ON RECOR D BY THE ASSESSEE IN SUPPORT OF ITS CLAIM. HOWEVER, FOR THE SAKE OF CLARITY, TH E DIRECTIONS CONTAINED IN PARA 2 OF THE IMPUNGED ORDER SHALL NOW READS AS UNDER: MA NO. 36/JP/16 (ARISING OUT OF ITA NO.303/JP/15) M/S AMRAPALI JEWELS PVT. LTD. VS. DCIT, CIRCLE-2, J AIPUR 3 REGARDING GROUND NO. 1 & 2, THE MATTER RELATES TO UNVERIFIABLE PURCHASES OF RS.15,50,000/- MADE FROM M/S BRIGHT ST ONE. GIVEN CONSISTENT STAND TAKEN BY THIS BENCH IN RESPECT OF UNVERIFIABLE PURCHASES, THE MATTER IS SET ASIDE TO THE FILE OF THE AO TO EX AMINE THE GENUINENESS OF THE PURCHASES MADE FROM M/S BRIGHT STONE AFRESH IN LIGHT OF EVIDENCE PLACED ON RECORD AND AFTER CONSIDERING THE DECISION OF HONBLE RAJASTHAN HIGH COURT IN THE CASE OF ANUJ KUMAR VARSHNEY & OTH ERS. VS. ITO (ITA NO. 187/JP/2012 DATED 20.10.2014) AND AFTER GIVING REAS ONABLE OPPORTUNITY TO THE ASSESSEE. THUS GROUND NO. 1 & 2 ARE ALLOWED FOR STATISTICAL PURPOSES. 5. EXCEPT ABOVE, THERE IS NO CHANGE IN THE IMPUNGED ITAT ORDER DATED 04.02.2016. HENCE, THE MISCELLANEOUS APPLICATION OF THE ASSESSE E IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 26/07 /2016. SD/- SD/- ( R.P. TOLANI ) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER JAIPUR DATED:- 26/ 07/2016 PILLAI VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- M/S AMRAPALI JEWELS PVT. LTD. JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE DCIT, CIRCLE-2, JAIPUR 3. VK;DJ VK;QDR@ CIT I, JAIPUR 4. VK;DJ VK;QDRVIHY@ THE CIT(A)-I, JAIPUR 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (MA NO.36/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR MA NO. 36/JP/16 (ARISING OUT OF ITA NO.303/JP/15) M/S AMRAPALI JEWELS PVT. LTD. VS. DCIT, CIRCLE-2, J AIPUR 4