Mukesh R. Gupta, Pune v. ACIT, Central Circle,1(1),, Pune

ITA 1371/PUN/2007 | misc
Pronouncement Date: 28-03-2011 | Result: Allowed

Appeal Details

RSA Number 137124514 RSA 2007
Assessee PAN AIAPG7890C
Bench Pune
Appeal Number ITA 1371/PUN/2007
Duration Of Justice 3 year(s) 5 month(s) 4 day(s)
Appellant Mukesh R. Gupta, Pune
Respondent ACIT, Central Circle,1(1),, Pune
Appeal Type Income Tax Appeal
Pronouncement Date 28-03-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 31-03-2011
Date Of Final Hearing 28-03-2011
Next Hearing Date 28-03-2011
Assessment Year misc
Appeal Filed On 24-10-2007
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JUDICIAL MEMBER AND SHRI G.S. PANNU ACCOUNTANT MEMBER I.T.A. NO. 1371/PN/2007 BLOCK PERIOD: 1997-98 TO 2003-04 MUKESH R. GUPTA SUKHWANI IMPERIAL FLAT NO. 5 PHASE 1 B-2 BUILDING AJMERA PIMPRI PUNE-411 018 PAN AIAPG 7890 C APPELLANT VS. ASSTT. CIT CEN. CIR. 1(1) PUNE RESPONDENT APPELLANT BY: SHRI SUNIL PATHAK RESPONDENT BY: SHRI H.C. LEUVA ORDER PER SHAILENDRA KUMAR YADAV JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT-(A)-I PUNE DATED 11-7-2007 FOR THE BLOCK PERIOD 1997-98 TO 2003-04 RAISING THE FOLLOWING GROUNDS: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW THE LEARNED A.O ERRED AND IS NOT JUSTIFIED IN MAKING ADDITION OF RS. 9 89 500/- BEING THE CHEQUES AND CA SH DEPOSITED IN THE SAVING BANK ACCOUNT NO. 11224 WITH DENA BANK BHOSARI BRANCH PUNE. IT IS PRAYED THAT THE ADDITION MAY PLEASE BE DELETED. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW THE LEARNED A.O ERRED AND IS NOT JUSTIFIED IN MAKING ADDITION OF RS. 7 99 500/- BEING THE CHEQUES AND CA SH DEPOSITED IN THE SAVING BANK ACCOUNT NO. 19329 WITH RUPEE CO-OPERATIVE BANK LTD BHOSARI BRANCH PUNE. IT IS PRAYED THAT THE ADDITION MAY PLEASE BE DELETED. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW THE LEARNED A.O IS NOT JUSTIFIED IN DISALLOWIN G THE CLAIM OF PAGE 2 OF 3 ITA NO. 1371/PN/2007 MUKESH R. GUPTA BLOCK PERIOD: 1997-98 TO 2003-04 BAD DEBTS OF RS. 8 68 927/- WITHOUT APPRECIATING TH E FACT THAT THE LOSS HAS ARISEN IN THE COURSE OF CARRYING ON TH E UNDISCLOSED BUSINESS ACTIVITY. THEREFORE THE LEAR NED A.O OUGHT TO HAVE ALLOWED THE CLAIM OF BAD DEBTS. IT I S PRAYED THAT THE ADDITION MAY PLEASE BE DELETED. 2. BESIDES ABOVE GROUNDS OF APPEAL THE ASSESSEE HA S ALSO RAISED THE FOLLOWING ADDITIONAL GROUND OF APPEAL. THE ASSESSEE SUBMITS THAT THE LEARNED CIT(A) AND T HE LEARNED A.O DID NOT GIVE PROPER AND SUFFICIENT OPPORTUNITY TO THE ASSESSEE TO EXPLAIN HIS CASE AND THEREFORE THE ASS ESSEE REQUESTS THAT THE CASE MAY BE SET ASIDE WITH A DIRE CTION FOR GRANTING PROPER OPPORTUNITY TO THE ASSESSEE TO EXPL AIN HIS CASE. 3. IN THIS BACKGROUND THE LEARNED A.R SUBMITTED TH AT IN APPELLATE PROCEEDINGS A REMAND REPORT WAS CALLED F OR WHICH WAS RESPONDED BY THE ASSESSING OFFICER HAVING CHARGE OF THE CASE EARLIER. ACCORDING TO THE LEARNED AR THE CIT(A) H AS OPTION TO CALL FOR THE REMAND REPORT FROM THE PROPER ASSESSING OFF ICER BUT THAT HAS NOT BEEN DONE IN THIS CASE WHICH AMOUNTS TO VIO LATION OF PRINCIPLES OF NATURAL JUSTICE. THE LEARNED DR DID NOT DISPUTE THIS FACTUAL POSITION BEFORE US. 4. IN VIEW OF THIS WE FIND THAT THE ASSESSEE HAS N OT BEEN PROVIDED DUE OPPORTUNITY OF HEARING BY THE CIT(A) A S FAR AS THE APPRECIATION OF REMAND REPORT IS CONCERNED. SO IN THE INTEREST OF JUSTICE WE SET ASIDE THE ORDER OF THE CIT(A) AND R ESTORE THE MATTER TO HIM WITH A DIRECTION TO DECIDE THE ISSUES RAISED BEFORE HIM AFTER PROVIDING DUE OPPORTUNITY OF HEARING TO BOTH THE PA RTIES. THE CIT(A) IS SUPPOSED TO CALL FOR THE REMAND REPORT FROM THE ASSESSING OFFICER PRESENTLY IN CHARGE OF THE ASSESSEES CASE. ONLY T HEN JUSTICE CAN BE PAGE 3 OF 3 ITA NO. 1371/PN/2007 MUKESH R. GUPTA BLOCK PERIOD: 1997-98 TO 2003-04 DONE WITH THE ISSUES AT HAND. IT IS PERTINENT TO M ENTION HERE THAT SINCE WE ARE RESTORING THE ORDER OF THE CIT(A) ON A PRELIMINARY ISSUE SO WE ARE REFRAINED TO COMMENT ON THE MERITS OF THE ISSUES AT HAND. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT IMMEDIATELY ON CONCLUSION OF THE HEARING ON 28-3-2011. SD/- SD/- (G.S. PANNU) ACCOUNTANT MEMBER (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER PUNE DATED THE 31 ST MARCH 2011 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT- (A) I PUNE 4. THE CIT- I PUNE 5. THE D.R B BENCH PUNE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE