DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE -5 ,PUNE, Pune V. DEEPAK KUNDANMAL RATHI, PUNE

MA 60/PUN/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5703 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2004-2005
• Appeal Filed On: 08-06-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT M.A. NO.60/PUN/2021 (ARISING OUT OF ITA NO.525/PUN/2020) / ASSESSMENT YEAR : 2004-2005 ITO, WARD-1, JALNA VS. DEEPAK KUNDANMAL RATHI, C/O. RATHI RATHI AND CO., CHARTERED ACCOUNTANTS, 202, KAMAL KIRTI, ABOVE SBI, OPP. PU LA DESHPANDE GARDEN, SINHAGAD ROAD, PUNE 411 030 PAN : ACVPR2109J (APPLICANT) (RESPONDENT) / ORDER PER R.S. SYAL, VP : THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN MOVED BY THE REVENUE URGING TO RECALL THE TRIBUNAL ORDER DATED 29-01-2021. 2. THE LD. DR SUBMITTED THAT THE TRIBUNAL FAILED TO ADJUDICATE ON THE ENHANCEMENT OF ADDITION BY THE LD. CIT(A) TO THE TUNE OF RS.23,21,000/-. 3. HAVING HEARD BOTH THE SIDES THROUGH VIRTUAL COURT AND GONE THROUGH THE RELEVANT MATERIAL ON RECORD, IT IS SEEN THAT THE APPLICANT BY SHRI VITTHAL BHOSALE RESPONDENT BY SHRI PARAG RATHI DATE OF HEARING 17-09-2021 DATE OF PRONOUNCEMENT 17-09-2021 MA NO. 60/PUN/20201 DEEPAK KUNDANMAL RATHI 2 ASSESSEE ALONG WITH ONE SHRI SHIVRATAN MOTILAL RATHI PURCHASED A PIECE OF LAND. THE AO INFERRED THAT A SUM OF RS.21.00 LAKH WAS NOT DISCLOSED WITH THE ASSESSEES SHARE AT RS.10,50,00 0/-. THE LD. CIT(A) NOT ONLY DISMISSED THE ASSESSEES APPEAL BU T ALSO MADE ENHANCEMENT ON ACCOUNT OF CERTAIN OTHER CASH DEPOSITS IN THE ASSESSEES BANK ACCOUNT TOTALING TO RS.23,21,000/-. WHEN THE MATTER CAME UP FOR CONSIDERATIO N BEFORE THE TRIBUNAL, IT WAS NOTED THAT SIMILAR ISSUE CAME UP FOR CONSIDERATION IN THE CASE OF THE OTHER CO-OWNER SHRI SHIVRATAN MOTILAL RATHI, IN WHOSE CASE THE ORDER WAS PASSED BY THE TRIBUNAL ON 11-03-2019. FOLLOWING THE SAME, THE TRIBUNAL IN PARA NO.7, SET-ASIDE THE IMPUGNED ORDER AND REMITTED TH E MATTER TO THE FILE OF AO FOR DECIDING THIS ISSUE IN CONFORMITY WITH THE VIEW TAKEN IN THE CASE OF SHRI SHIVRATAN MOTILAL RATHI. 4. WHEN THE MATTER HAS BEEN RESTORED TO THE AO, THE E NTIRE ISSUE IS THROWN OPEN. THE AO IS SUPPOSED TO ADJUDICATE ON ALL THE ISSUES ARISING OUT OF THE GROUNDS RAISED IN APPEAL BEFOR E THE TRIBUNAL FOR WHICH APPROPRIATE DIRECTIONS HAVE BEEN GIVEN. SINCE THE TRIBUNAL ALSO TOOK NOTE OF THE FACT ABOUT THE ENHANCEMENT MADE BY THE LD. CIT(A) TO RS.23,21,000/- AN D THE MATTER HAS BEEN SENT BACK TO THE AO FOR FRESH ADJUDICATION, SUCH ISSUE OF ENHANCEMENT IS ALSO OPEN BEFORE THE AO WHO IS MA NO. 60/PUN/20201 DEEPAK KUNDANMAL RATHI 3 COMPETENT TO DECIDE IT ON MERITS AFTER GRANTING OPPORTUNITY OF HEARING TO THE ASSESSEE. AS SUCH, WE DO NOT FIND ANY M ISTAKE IN THE IMPUGNED ORDER REQUIRE RECTIFICATION. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH SEPTEMBER, 2021. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 17 TH SEPTEMBER, 2021 SATISH / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-1, AURANGABAD 4. THE PR. CIT-1, AURANGABAD 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE MA NO. 60/PUN/20201 DEEPAK KUNDANMAL RATHI 4 DATE 1. DRAFT DICTATED ON 17-09-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 17-09-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER -- JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. -- JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *