LAXMICHAND BHAWANJI VORA, MUMBAI v. ITO 19(1)(1), MUMBAI

ITA 2952/MUM/2013 | 2009-2010
Pronouncement Date: 31-07-2015 | Result: Allowed

Appeal Details

RSA Number 295219914 RSA 2013
Assessee PAN AAAPV7763P
Bench Mumbai
Appeal Number ITA 2952/MUM/2013
Duration Of Justice 2 year(s) 3 month(s) 13 day(s)
Appellant LAXMICHAND BHAWANJI VORA, MUMBAI
Respondent ITO 19(1)(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 31-07-2015
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 31-07-2015
Date Of Final Hearing 29-07-2015
Next Hearing Date 29-07-2015
Assessment Year 2009-2010
Appeal Filed On 17-04-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI G.S. PANNU ACCOUNTANT MEMBER AND SHRI SANJAY GARG JUDICIAL MEMBER ITA NO.2952/M/2013 ASSESSMENT YEAR: 2009-10 LAXMICHAND BHAWANJI VORA SHOP NO.8 PRAKASH KUNJ JAWAHAR NAGAR GOLIBAR ROAD KHAR EAST MUMBAI 400 051 PAN: AAAPV 7763P VS. THE INCOME TAX OFFICER WARD -19(1)(1) R.NO.319 PIRAMAL CHAMBERS 3 RD FLOOR LALBAUG MUMBAI 400 012 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI SAMEER DALAL A.R. REVENUE BY : SHRI E. SHRIDHAR D.R. DATE OF HEARING : 29.07.2015 DATE OF PRONOUNCEMENT : 31.07.2015 O R D E R PER SANJAY GARG JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSES SEE AGAINST THE ORDER DATED 11.02.2013 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT Y EAR 2009-10. 2. THE ASSESSEE HAS TAKEN THE FOLLOWING GROUNDS OF APPEAL: THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) HAS WRONGLY UPHELD FOLLOWING ADDITIONS MADE BY THE ASSESSING OFFICER. 1. CASH DEPOSITS IN BANK ACCOUNT RS.13 10 294/- 2. CASH & OTHER THAN CASH DEPOSITS RS. 24 000/- THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) H AS NOT CONSIDERED SUBMISSION MADE ON 11-02-2013. YOUR APPELLANT CRAVES LEAVE TO ADD TO ALTER OR TO WITHDRAW ANY GROUND OR GROUNDS OF APPEAL ON OR BEFORE THE DATE OF HEARING. ITA NO.2952/M/2013 LAXMICHAND BHAWANJI VORA 2 3. AT THE OUTSET THE LD. A.R. OF THE ASSESSEE HAS BROUGHT OUR ATTENTION TO THE GROUND NO.2 OF THE APPEAL AND HAS STATED THAT T HE LD. CIT(A) HAS NOT CONSIDERED THE REPLY/SUBMISSIONS OF THE ASSESSEE MA DE VIDE LETTER DATED 11.02.13. HE HAS FURTHER INVITED OUR ATTENTION TO PARA 3.1 OF THE IMPUGNED ORDER WHEREIN THE LD. CIT(A) HAS REPRODUCED ONLY OP ENING LINES OF THE REPLY/ LETTER DATED 11.02.13. HE HAS FURTHER INVITED OUR ATTENTION TO THE COPY OF THE LETTER DATED 11.02.13 THE FULL CONTENTS OF WHICH R EAD AS UNDER: DATE: 11-02-2013 TO COMMISSIONER OF INCOME TAX (APPEALS) RE. LAXMICHAND BHAVANJI VORA PAN - AAAPV7763P APP.REF.NO.CIT(A)-30/ITO-19(1)(1)/IT-84/11-1 2. RESPECTED SIR IN CASE OF MY ABOVE NAMED CLIENT I WOULD LIKE TO S TATE AS UNDER:- MY CLIENT HAS RECEIVED COPY OF REMAND REPORT DATED 16-11-2012 WHEREIN ASSESSING OFFICER HAS CONFIRMED CASH DEPOSIT RS.13 10 294/- IN S/B ACCOUNT NO.1169 NEW INDIA CO.OP.BANK SANTACRUZ EAST BRANC H AGAINST CASH DEPOSIT RS.26 20 468/- AS ALLEGED IN ASSESSMENT ORDER DT.20 -12-2011. DURING THE COURSE OF PROCEEDINGS I HAVE SUBMITTED L ETTER DATED 17-09-2012 AND 26-09-2012 ENCLOSING - 1. STATEMENT OF ACCOUNT WITH STARWORLD AGENCY CONFIRMI NG SALE OF ITZ CARD AND RECEIPT OF CHEQUES AGAINST SAME. 2. CONFIRMATION LETTER FROM CUSTOMERS CONFIRMING THAT YOUR APPELLANT HAS COLLECTED MONEY FOR THE PURPOSE OF PAYMENT OF T HEIR ELECTRICITY TELEPHONE AND BMC PROPERTY TAX WATER CHARGE BILLS. 3. ITZ CASH CARD USER MANUAL SHOWING VARIOUS USAGE PURPOSE. LEARNED ASSESSING OFFICER HAS WRONGLY INSISTED COPY OF USED ITZ CARD. YOUR APPELLANT HAS SUBMITTED CONFIRMATION LETTER FROM TH E VARIOUS PARTIES CONFIRMING THEIR PAYMENT TO YOUR APPELLANT. LEARNED ASSESSING OFFICER HAS WRONGLY CONCLUDED THA T APPELLANT HAS DEPOSITED CASH RS.66 200/-(RS.24 000/- & RS.42 200/-) IN SYND ICATE BANK KHAR WEST MUMBAI-400052 S/B ACCOUNT NO.924510. IN FACT RS.42 200/- IS CHEQUE RECEIVED FROM RELIGARE SECURITIES LTD. (PG.NO.34 & 36 OF PAP ER BOOK). CASH DEPOSIT RS.24 000/- IS OUT OF CASH COLLECTION (PG.NO.42 OF PAPER BOOK). ITA NO.2952/M/2013 LAXMICHAND BHAWANJI VORA 3 LEARNED ASSESSING OFFICER WRONGLY MADE AN ADDITION U/S.69 RS.34 311/-. BEING A DIFFERENCE IN CAPITAL ACCOUNT & CASH BALANCE IN TWO BALANCE SHEETS SUBMITTED DURING THE ASSESSMENT PROCEEDINGS. IN FACT ADDITION IN CAPITAL ACCOUNT IS CORRESPONDINGLY REFLECTED IN CASH BALANCE. FOR YOUR KIND CONSIDERATION & READY REFERENCE SAME IS REPRODUCE AS UNDER- RECONCILIATION OF CAPITAL ACCOUNT & CASH ACCOUNT IN 2 BALANCE SHEETS SUBMITTED IN ASSESSMENT PROCEEDINGS- PG. NO. IN WRITTEN SUBMISSION CAPITAL A/C CASH A/C SR. NO.51 REVISED BALANCE SHEET (FILLED WIDE L ETTER DT.21/09/2011) 5 93 473 3 59 339 SR.NO.52 (ORIGINAL BALANCE SHEET (FILLED WIDE LETTER DT.09/08/2011) 5 75 422 3 43 113 DIFFERENCE 18 051 ======= 16 226 ======= DIFFERENCE IS DUE TO INCOME - CAPITAL GAIN(PG.8 SR.NO.8 ON PG.6 OF ASST.ORDER) 17 940 NIL SAVING BANK INTEREST (PG.8) 111 NIL BALANCE IN SYNDICATE BANK NIL 1 861 DIFFERENCE IN BALANCE SHEET __NIL_ __-36_ 18 051 ======= 16 226 ======= ASSESSING OFFICER HAS ADDED CAPITAL GAIN RS.17 940/ - AND ADDITIONAL BANK INTEREST RS.111/- AND HENCE ADDITION TO INCOME U/S. 69 RS.34 311/- IS NOT WARRANTED. FROM FACTS STATED ABOVE YOUR APPELLANT REQUEST YOUR HONOR TO CONSIDER APPEAL PETITION AND OBLIGE. THANKING YOU YOURS FAITHFULLY FOR D.L. VORA & ASSOCIATES CHARTERED ACCOUNTANTS (D.L. VORA) PROPRIETOR. ITA NO.2952/M/2013 LAXMICHAND BHAWANJI VORA 4 4. THE LD. A.R. THEREFORE HAS REQUESTED THAT THE MATTER BE REMANDED BACK TO THE LD. CIT(A) TO DECIDE THE APPEAL OF THE ASSES SEE AFTER CONSIDERING THE SUBMISSIONS MADE VIDE LETTER DATED 11.02.13. THE LD. D.R. HAS NOT OBJECTED TO THE SAME. 5. WE FIND THAT THE LD. CIT(A) HAS ERRED IN CONSIDE RING THE SUBMISSIONS OF THE ASSESSEE MADE VIDE LETTER DATED 11.02.13 WHILE ADJUDICATING THE APPEAL OF THE ASSESSEE. CONSIDERING THE SUBMISSIONS OF THE A SSESSEE THE MATTER IS RESTORED TO THE FILE OF THE LD. CIT(A) WITH A DIREC TION TO CONSIDER THE SUBMISSIONS OF THE ASSESSEE ON THE ISSUE AND DECIDE THE MATTER AFRESH BY WAY OF A SPEAKING ORDER. ORDER PRONOUNCED IN THE OPEN COURT ON 31.07.2015. SD/- SD/- (G.S. PANNU) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED: 31.07.2015. * KISHORE SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT CONCERNED MUMBAI THE CIT (A) CONCERNED MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR ITAT MUMBAI.