Manoj Kumar , Bangalore v. The Income TAx Officer Ward-5(2)(3), Bangalore

ITA 1872/BANG/2017 | 2012-2013
Pronouncement Date: 29-11-2017 | Result: Allowed

Appeal Details

RSA Number 187221114 RSA 2017
Assessee PAN AHJPR3548N
Bench Bangalore
Appeal Number ITA 1872/BANG/2017
Duration Of Justice 2 month(s) 11 day(s)
Appellant Manoj Kumar , Bangalore
Respondent The Income TAx Officer Ward-5(2)(3), Bangalore
Appeal Type Income Tax Appeal
Pronouncement Date 29-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Allowed
Bench Allotted B
Tribunal Order Date 29-11-2017
Assessment Year 2012-2013
Appeal Filed On 18-09-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH SMC-B BANGALORE BEFORE SHRI A.K.GARODIA ACCOUNANT MEMBER ITA NO.1872 (BANG) 2017 (ASSESSMENT YEAR : 2012 13) SHRI MANOJ KUMAR APPELLANT M G KITCHENWARE NO. 154/1 1 ST FLOOR 8 TH CROSS 4 TH MAIN ROAD CHAMRAJPET BENGALURU 560018. PAN. AHJPR3548N VS THE ITO WARD 5 (2) (3) BENGALURU. RESPONDENT ASSESSEE BY : SHRI MAHESH KUMAR L ADVOCATE REVENUE BY : SHRI PALANI KUMAR ADDL. CIT (DR) DATE OF HEARING : 23-11-2017 DATE OF PRONOUNCEMENT : 2 9-11-2017 O R D E R PER A. K. GARODIA A.M.: THIS APPEAL IS FILED BY THE ASSESSEE WHICH IS DIREC TED AGAINST THE ORDER OF CIT (A) 5 BANGALORE DATED 02.06.2017 FOR A. Y. 2012 13. 2. THE ASSESSEE HAS RAISED AS MANY AS 10 GROUNDS BU T EFFECTIVE GRIEVANCE ON MERIT IS ONLY ONE ABOUT ADDITION OF RS. 18.75 LACS U/SC 68 IN RESPECT OF CASH CREDIT FROM FOUR LOAN CREDITORS. 3. LEARNED AR OF THE ASSESSEE SUBMITTED THAT AS PER PARA 5 OF THE IMPUGNED ORDER OF CIT (A) HE SAYS THAT THE ASSESSEE COULD N OT PROVE THE IDENTITY AND CREDITWORTHINESS OF THESE FOUR LOAN CREDITORS AND T HE GENUINENESS OF THE TRANSACTION BUT SEVERAL DOCUMENTS WERE PRODUCED BEF ORE HIM AND BEFORE THE AO IN THIS REGARD WHICH ARE AVAILABLE IN ANNEXURE A OF THE APPEAL MEMO ON PAGES 8 TO 38 BEING INCOME TAX RETURNS FINNCIAL ST ATEMENTS BANK PASS BOOK AND BALANCE CONFIRMATION LETTERS OF THESE FOUR LOAN CREDITORS AND THERE IS NO COMMENT BY HIM IN RESPECT OF THESE DOCU MENTS AND THEREFORE THIS ITA NO. 1872/BANG/2017 2 ADDITION SHOULD BE DELETED. LEARNED DR OF THE REVE NUE SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW. 4. I HAVE CONSIDERED THE RIVAL SUBMISSIONS. I FIND THAT VARIOUS DOCUMENTS IN RESPECT OF THESE FOUR LOAN CREDITORS WERE PRODUCED BEFORE THE AO & CIT (A) SUCH AS INCOME TAX RETURNS FINNCIAL STATEMENTS BA NK PASS BOOK AND BALANCE CONFIRMATION LETTERS AND AS PER THE ORDER O F CIT 9A) THERE IS NO COMMENT BY HIM IN RESPECT OF THESE DOCUMENTS. UNDER THESE FACTS I SET ASIDE THE ORDER OF CIT (A) AND RESTORE THE MATTER BACK TO HIS FILE FOR FRESH DECISION WITH THE DIRECTION THAT HE SHOULD PASS FRESH SPEAKI NG AND REASONED ORDER AS PER LAW IN THE LIGHT OF THESE DOCUMENTS AFTER PROVI DING ADEQUATE OPPORTUNITY OF BEING HEARD TO BOTH SIDES. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- (A.K. GARODIA) ACCOUNTANT MEMBER BANGALORE D A T E D : 29.11.2017. /MS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL BANGALORE.