Shri Pravin Kumar Jain,, Indore v. The ACIT, Indore

1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH INDORE BEFORE SHRI JOGINDER SINGH JUDICIAL MEMBER AND SHRI R.C. SHARMA ACCOUNTANT MEMBER ITA NO.457/IND/2009 A.Y. 2003-04 PRAVIN KUMAR JAIN PAN- ABGPJ 2966 H C/O M/S. NARAYANAN UNNI & CO. CAS 402 ALANKAR POINT 4/A RAJGARH KOTHI GITA BHAWAN SQUARE INDORE -1 APPELLANT VS ACIT CIRCLE-5(1) INDORE RESPONDENT APPELLANT BY : SH. T.N. UNNI CA RESPONDENT BY : SH. PRADEEP KUMAR MITRA SR. DR O R D E R PER JOGINDER SINGH JUDICIAL MEMBER THIS APPEAL IS BY THE ASSESSEE AGAINST THE ORDER O F THE LEARNED CIT(A)-II INDORE DATED 22.6.2009 ON THE GROUND TH AT THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITIONS OF RS.3 52 060/- AS UNEXPLAINED DISALLOWING THE PAYMENTS OF INTEREST FOLLOWING THE ABOVE UNEXPLAINED ADDITIONS AND DISALLOWING THE PAYMENTS OF INTEREST U/S 40A(2)(B) OF THE ACT. 2 2. DURING HEARING OF THE APPEAL WE HAVE HEARD SHRI T.N. UNNI LD. COUNSEL FOR THE ASSESSEE AND SHRI PRADEEP KUMAR MIT RA LEARNED SR. DR. THE LD. COUNSEL FOR THE ASSESSEE MERELY CONTEND ED THAT ALL THE FOUR CREDITORS AND SHRI VINOD JAIN WERE NOT EXAMINED BY THE ASSESSING OFFICER THEREFORE IT WAS REQUESTED THAT THIS APPE AL MAY BE REMANDED BACK. ON THE OTHER HAND THE LD. SR. DR THOUGH DEFE NDED THE IMPUGNED ORDER BUT ASSERTED THAT IN VIEW OF FAIR PLAY OPPOR TUNITY MAY BE GIVEN TO THE ASSESSING OFFICER ALSO. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND GON E THROUGH THE MATERIAL ON RECORD. BRIEF FACTS ARE THAT THE ASSESS EE IS RESIDENT OF VILLAGE BAGOD HAVING INCOME FROM BUSINESS AND AGRICULTURAL INCOME ETC. DECLARED TOTAL INCOME AT RS.7 80 172/- WHICH WAS A SSESSED AT RS.11 95 946/- IN ORDER U/S 143(3) DATED 1.3.2006. THE LD. ASSESSING OFFICER DISPUTED THE SOURCE OF DEPOSITS OF RS.2 52 050/- FROM FOUR PARTIES. THE CLAIM OF THE ASSESSEE IS THAT THE LD. ASSESSING OFFICER DID NOT MAKE ANY DIRECT OR INDIRECT INQUIRY FROM THE CO NCERNED PARTIES AND MADE THE ADDITION WITHOUT MAKING ANY PROPER INQUIRY . IN VIEW OF THESE FACTS WITHOUT GOING INTO MERITS OF THE CASE AND TH E SUBMISSIONS MADE BEFORE US IN THE INTEREST OF JUSTICE AS NO PREJUD ICE SHOULD BE CAUSED TO EITHER SIDE WE REMAND THIS FILE TO THE FILE OF THE LD. ASSESSING OFFICER WHO WILL EXAMINE THE CLAIM OF THE ASSESSEE PURSUANT TO GROUNDS/SUBMISSIONS MADE BEFORE US AND ALSO TO EXAMINE THE CONCERNED PA RTIES AND OTHER 3 CONNECTED PERSONS IF ANY AND THEN TO ADJUDICATE A S PER THE PROVISIONS OF THE ACT. NEEDLESS TO MENTION HERE THAT THE ASSES SEE BE GIVEN OPPORTUNITY OF BEING HEARD WITH FURTHER LIBERTY TO FURNISH EVIDENCE IF ANY TO SUBSTANTIATE HIS CLAIM THEREFORE THIS APPEAL O F THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES OF BOTH THE SIDES AT THE CONCLUSION OF THE HEARING ON 14 TH FEBRUARY 2011. (R.C.SHARMA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 14.2.2011 COPY TO: APPELLANT RESPONDENT CIT CIT(A) DR G UARD FILE !VYAS!