Shri Navnitbhai C.Patel, Ahmedabad v. The Income tax Officer,Ward-9(1),, Ahmedabad

ITA 198/AHD/2011 | 2007-2008
Pronouncement Date: 04-04-2014 | Result: Allowed

Appeal Details

RSA Number 19820514 RSA 2011
Assessee PAN ABBPP5062H
Bench Ahmedabad
Appeal Number ITA 198/AHD/2011
Duration Of Justice 3 year(s) 2 month(s) 9 day(s)
Appellant Shri Navnitbhai C.Patel, Ahmedabad
Respondent The Income tax Officer,Ward-9(1),, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 04-04-2014
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 04-04-2014
Assessment Year 2007-2008
Appeal Filed On 25-01-2011
Judgment Text
C IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD C BENCH . .. . . .. . !' !' !' !' #$ %& #$ %& #$ %& #$ %& &' ( & &' ( & &' ( & &' ( & ' ' ' ' BEFORE S/SHRI G.C. GUPTA VICE-PRESIDENT AND TEJ RAM MEENA ACCOUNTANT MEMBER) ITA NO.198/AHD/2011 [ASSTT.YEAR : 2007-2008] SHRI NAVNITBHAI C. PATEL 50 HARSIDH CHAMBERS ASHRAM ROAD AHMEDABAD. PAN : ABBPP 5062 H /VS. ITO WARD-9(1) AHMEDABAD. ITA NO.235/AHD/2011 [ASSTT.YEAR : 2007-2008] ITO WARD-9(1) AHMEDABAD. /VS. SHRI NAVNITBHAI C. PATEL 50 HARSIDH CHAMBERS ASHRAM ROAD AHMEDABAD. ( (( (*+ *+ *+ *+ / APPELLANT) ( (( ( -*+ -*+ -*+ -*+ / RESPONDENT) .% / 0 &/ ASSESSEE BY : SHRI M.G. PATEL ( / 0 &/ REVENUE BY : SHRI J.P. JHANGID SR.DR 2 / %3'/ DATE OF HEARING : 26 TH MARCH 2014 456 / %3'/ DATE OF PRONOUNCEMENT : 04/04/2014 &7 / O R D E R PER G.C. GUPTA VICE-PRESIDENT: THESE CROSS APPEALS BY THE ASSESSEE AND THE REVENUE FOR THE ASSESSMENT YEAR 20 07-2008 ARE DIRECTED ITA NO.198 & 235/AHD/2011 -2- AGAINST THE ORDER OF THE CIT(A). THESE ARE BEING D ISPOSED OF WITH THIS CONSOLIDATED ORDER: 2. THE GROUNDS RAISED IN THE APPEAL PREFERRED BY TH E ASSESSEE ARE AS UNDER: 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE CASE BY CONFIRMING ADDITION TO THE EXTENT OF RS.35 86 490/- MADE BY THE AO U/S.68 OF THE IT ACT 1961. 2. THE LD.CIT(A) HAS ERRED IN NOT GIVING ANY FINDIN GS IN RESPECT OF DEPOSIT OF RS.1 30 000/- TAKEN FROM DAUGHTERS AN D GRAND CHILDREN. THE ONLY GROUND IN THE APPEAL OF THE REVENUE IS AS UNDER: 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.43 95 394/- ON ACCOUNT OF UNEXPLAINE D CREDIT U/S.68 OF THE IT ACT 3. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE OUT SET SUBMITTED THAT THE MATTER MAY BE RESTORED TO THE FILE OF THE AO AS ON THE SAME SET OF PERSONS THE AO IN THE SUBSEQUENT ASSESSMENT YEAR 2009-10 H AS ACCEPTED THE CREDIT ENTRIES AND HAS NOT MADE ADDITION UNDER SECTION 68 OF THE ACT. HE HAS SUBMITTED VOLUMINOUS PAPERS WITH REQUEST FOR THEIR ADMISSION AS ADDITIONAL EVIDENCE BEFORE THE TRIBUNAL. HE SUBMITTED THAT TH E CIT(A) HAS NOT GIVEN ANY FINDING IN RESPECT OF DEPOSIT TAKEN FROM THE DA UGHTERS AND GRAND CHILDREN. THE LEARNED DR HAS RELIED ON THE ORDER O F THE AO. 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT THE ASSESSEE HAS FILED VOLUMINOUS SET OF PAPERS WITH REQUEST THAT THE SAME BE ADMITTED AS ADDITIONAL EVIDENCE BY THE TRIBUNAL. THE ASSESSEE HAS TRIED TO EXPLAIN CI RCUMSTANCES UNDER WHICH IT WAS PREVENTED FROM FILING THE SAME BEFORE THE AO AT THE ASSESSMENT STAGE. THE ASSESSEE HAS SUBMITTED THAT WITH REGARD TO SOME CREDITORS THE ITA NO.198 & 235/AHD/2011 -3- AO HAS NOT MADE ANY ADDITION UNDER SECTION 68 OF TH E ACT WHILE FRAMING THE ASSESSMENT IN SCRUTINY ASSESSMENT UNDER SECTION 143(3) FOR THE SUBSEQUENT ASSESSMENT YEAR 2009-10. WE ARE OF THE CONSIDERED VIEW THAT THESE FACTS NEED VERIFICATION AT THE LEVEL OF THE A O AND CONSIDERATION OF THE ADDITIONAL EVIDENCE SOUGHT TO BE FILED BY THE ASSES SEE. IN THESE FACTS WE HOLD THAT IT SHALL BE IN THE INTEREST OF JUSTICE TO RESTORE THE ISSUE IN THE GROUNDS OF THE APPEAL OF THE ASSESSEE AS WELL AS RE VENUE TO THE FILE OF THE AO WITH DIRECTION TO PASS DE NOVO ASSESSMENT ORDER IN ACCORDANCE WITH LAW AFTER ALLOWING DUE OPPORTUNITY OF HEARING TO T HE ASSESSEE. THE ASSESSEE SHALL BE AT LIBERTY TO FILE ANY EVIDENCE I N SUPPORT OF ITS CASE. WE DIRECT ACCORDINGLY. 5. IN THE RESULT THE BOTH THE APPEALS OF THE ASSES SEE AND THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %& %& %& %& /T.R. MEENA) &' ( /ACCOUNTANT MEMBER ( .. /G.C. GUPTA ) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR ITAT. BY ORDER DR/AR ITAT AHMEDABAD