Shri Hasmukhbhai C.Patel, Ahmedabad v. The ACIT.,Circle-9,, Ahmedabad

ITA 2377/AHD/2008 | 2004-2005
Pronouncement Date: 13-08-2010 | Result: Allowed

Appeal Details

RSA Number 237720514 RSA 2008
Bench Ahmedabad
Appeal Number ITA 2377/AHD/2008
Duration Of Justice 2 year(s) 1 month(s) 19 day(s)
Appellant Shri Hasmukhbhai C.Patel, Ahmedabad
Respondent The ACIT.,Circle-9,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 13-08-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 13-08-2010
Date Of Final Hearing 28-07-2010
Next Hearing Date 28-07-2010
Assessment Year 2004-2005
Appeal Filed On 24-06-2008
Judgment Text
- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B AHMEDABAD BEFORE S/SHRI MUKUL KR. SHRAWAT JM AND D.C.AGRAWAL AM SHRI HASMUKHBHAI C. PATEL PROP. OF HARSHA ROADLINES 111 ATMARAM PARK CO-OP. SOC. NARMADANAGAR PART I RANIP AHMEDABAD. VS. ASSTT. CIT CIRCLE-9 AHMEDABAD. (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI P. F. JAIN AR REVENUEBY:- SHRI K. MADHUSUDAN SR.DR O R D E R PER D. C. AGRAWAL ACCOUNTANT MEMBER . THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST CO NFIRMATION OF PENALTY UNDER SECTION 271(1)(C) IN RESPECT OF ADDIT ION OF RS.13 26 668/- BY LD. CIT(A) AS UNEXPLAINED CASH CREDITS. 2. WE HAVE HEARD THE PARTIES AND CAREFULLY PERUSED THE MATERIAL ON RECORD. THE ASSESSEE HAD FILED APPEAL AGAINST SUSTA INING ADDITION OF RS.13 26 668/- WHICH VIDE OUR ORDER OF EVEN DATE HA S BEEN PARTLY RESTORED TO THE FILE OF LD. CIT(A) FOR DECIDING AFRESH. THE LD. CIT(A) IS DIRECTED TO EXAMINE THE GENUINENESS OF THE CREDITS AFRESH IN RE SPECT OF FIVE PERSONS AS PER ANNEXURE-B SUBMITTED BY THE ASSESSEE ALONG WITH THE RETURN OF INCOME. SINCE THE QUANTUM ADDITION IS NOT FINAL IT WILL BE PRE-MATURE TO CONSIDER THE LEVY OF PENALTY. WE ACCORDINGLY RESTOR E THE APPEAL IN RESPECT OF PENALTY ALSO TO THE FILE OF LD. CIT(A) TO DECIDE AFRESH AFTER THE DISPOSAL ITA NO.2377/AHD/2008 ASST. YEAR :2004-05 2 OF APPEAL ON QUANTUM ADDITION AS PER DIRECTION OF T HE TRIBUNAL. THE ASSESSEE SHOULD BE GIVEN REASONABLE OPPORTUNITY OF BEING HEARD. 3. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER WAS PRONOUNCED IN OPEN COURT ON 13/8/2010 SD/- SD/- (MUKUL KR. SHRAWAT) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT ME MBER AHMEDABAD DATED : 13/8/2010 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD