Shri Govind Agrawal, Indore v. The Income Tax Officer wd- 4(2), Indore

ITA 507/IND/2010 | 2001-2002
Pronouncement Date: 13-09-2011 | Result: Allowed

Appeal Details

RSA Number 50722714 RSA 2010
Bench Indore
Appeal Number ITA 507/IND/2010
Duration Of Justice 1 year(s) 1 month(s) 17 day(s)
Appellant Shri Govind Agrawal, Indore
Respondent The Income Tax Officer wd- 4(2), Indore
Appeal Type Income Tax Appeal
Pronouncement Date 13-09-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 13-09-2011
Assessment Year 2001-2002
Appeal Filed On 26-07-2010
Judgment Text
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.507/IND/2010 A.YS. 2001-02 GOVIND AGRAWAL INDORE PAN ABCPA-4489L ... APPELLANT VS INCOME TAX OFFICER WARD 4(2) INDORE ... RESPONDENT APPELLANT BY : SHRI H.P. VERMA & SHRI ASHISH GOYAL DEPARTMENT BY : SHRI ARUN DEWAN DATE OF HEARING : 13.9.2011 DATE OF PRONOUNCEMENT : 13.9.2011 O R D E R PER JOGINDER SINGH THIS APPEAL IS BY THE ASSESSEE FOR THE ASS ESSMENT YEAR 2001-02 CHALLENGING THE ORDER OF LEARNED COMMISSION ER OF 2 INCOME TAX (APPEALS) DATED 19 TH MARCH 2010 ON THE GROUND THAT THE NOTICE ISSUED U/S 148 OF THE ACT IS ILLEGA L FOR WANT OF CAUSE TO REOPEN THE CASE U/S 147 ESPECIALLY WHEN VA LID REQUEST WAS MADE IN WRITING BY THE ASSESSEE ON 29.3.2006 BE FORE THE LEARNED ASSESSING OFFICER TO INTIMATE/SUPPLY THE RE ASONS OF REOPENING OF THE CASE AND FURTHER CONFIRMING THE AD DITION OF RS.8 17 180/- ON ACCOUNT OF BOGUS PURCHASES WHILE ALL THESE TRANSACTIONS ARE GENUINE. 2. DURING HEARING OF THIS APPEAL WE HAVE HEARD SHR I H.P. VERMA ALONG WITH SHRI ASHISH GOYAL LD. COUNSEL FOR ASSESSEE AND SHRI ARUN DEWAN LEARNED SENIOR DR. THE CRUX OF ARGUMENTS ON BEHALF OF THE ASSESSEE IS IDENTICAL TO THE GROUND RAISED BY FURTHER SUBMITTING THAT THE INWARD AND OU TWARD QUANTITY IS ALSO TALLYING AND THE GROSS PROFIT IS A LSO EXCESSIVE THAN THE REASONABLE GROSS PROFIT RATE OF THE TRADE. 3. THE LD. COUNSEL FOR ASSESSEE STRONGLY PLEADED TH AT IN SPITE OF REQUEST MADE TO THE ASSESSING OFFICER THE REASONS FOR REOPENING WERE NOT SUPPLIED TO THE ASSESSEE FOR WHI CH OUR 3 ATTENTION WAS INVITED TO THE GROUND RAISED BEFORE T HE LEARNED COMMISSIONER OF INCOME TAX (APPEALS). THE ASSERTI ON OF THE ASSESSEE REGARDING NON-SUPPLY OF REASONS WAS NOT CONTROVERTED BY THE REVENUE. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL AVAILABLE ON FILE. IN VIEW OF THE RES PECTIVE ASSERTION/SUBMISSIONS AND WITHOUT GOING INTO THE ME RITS OF THE CASE WE ARE OF THE CONSIDERED OPINION THAT THE REA SONS FOR REOPENING SHOULD HAVE BEEN SUPPLIED TO THE ASSESSEE SO THAT EFFECTIVE REPRESENTATION WOULD HAVE BEEN MADE BY HI M CONSEQUENTLY WITHOUT GOING INTO THE MERITS OF THE CASE WE REMAND THIS FILE TO THE LEARNED ASSESSING OFFICER F OR FRESH ADJUDICATION IN ACCORDANCE WITH LAW WITH FURTHER DI RECTION TO SUPPLY THE REASONS OF REOPENING. THE ASSESSEE IS AL SO AT LIBERTY TO FURNISH EVIDENCE IF ANY TO SUBSTANTIATE ITS CL AIM. DUE OPPORTUNITY OF BEING HEARD BE ALSO PROVIDED TO THE ASSESSEE. FINALLY THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. 4 THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LEARNED REPRESENTATIVES OF BOTH THE SID ES AT THE CONCLUSION OF HEARING ON 13.9.2011. SD SD (R.C.SHARMA) (JOGINDER SI NGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13.9.2011 COPY TO: APPELLANT RESPONDENT CIT CIT(A) DR GU ARD FILE