Shri Ajay G.Deshmukh, Baroda v. The Income tax Officer,Ward-1(2),, Baroda

ITA 552/AHD/2012 | 2005-2006
Pronouncement Date: 25-10-2016 | Result: Allowed

Appeal Details

RSA Number 55220514 RSA 2012
Assessee PAN ABSPD6821F
Bench Ahmedabad
Appeal Number ITA 552/AHD/2012
Duration Of Justice 4 year(s) 7 month(s) 21 day(s)
Appellant Shri Ajay G.Deshmukh, Baroda
Respondent The Income tax Officer,Ward-1(2),, Baroda
Appeal Type Income Tax Appeal
Pronouncement Date 25-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 25-10-2016
Date Of Final Hearing 26-07-2016
Next Hearing Date 26-07-2016
Assessment Year 2005-2006
Appeal Filed On 05-03-2012
Judgment Text
I.T.A. NO . 552 /AHD/201 2 A SSESSMENT Y EAR: 200 5 - 06 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH SMC AHMEDABAD [CORAM: PRAMOD KUMAR AM] I.T.A. NO. 552 /A HD/ 20 1 2 ASSESSMENT Y EAR : 200 5 - 06 AJAY G. DESHMUKH .... . ...... . ... . APPELLANT C/O. 106 - 108 SHRIJI AVENUE JETALPUR ROAD ALKAPURI BAR ODA 390 005 [ PAN: A BSPD 6821 F ] VS. IN COME TAX OFFICER WARD - 1(2) BARODA. ... ............ . RESPONDENT APPEARANCES BY: TUSHAR P. HEMANI FOR THE APPELLANT SATISH SOLANKI FOR THE RESPONDENT D ATE OF CONCLU DING THE HEARING : 26 .0 7 .2016 DATE OF PRONOUNCING THE ORDER : 25 .10.2016 O R D E R 1. THIS APPEAL FILED BY THE ASSESSEE CHALLENGES LEARNED CIT(A) S ORDER DATED 1 ST DECEMBER 2011 IN THE MATTER OF ASSESSMENT UNDER SECTION 144 R.W.S. 1 47 OF THE INCOME TAX ACT 1961 FOR THE ASSESSMENT YEAR 2005 - 06. 2. THE ONLY GRIEVANCE RAISED BY THE ASSESSEE AS PRESSED BEFORE ME IS AS FOLLOWS : - THE CIT (APPEALS) FAILED TO APPRECIATE THAT AN ADDITION TO THE TUNE OF RS.29 04 264/ - HA S ALREADY BEEN MA DE IN THE HANDS OF M/S DESHCHEM TECHNOLOGICAL RESOURCES PVT . LTD . FOR THE YEAR UND E R CONSIDERATION IN TH E FORM OF UNEXPLAINED CASH CREDIT U/S 68 OF THE ACT A ND HENCE ADDITION OF THE SAME IN YOU APPELLANT S HAND WOULD AMOUNT TO DOUBLE ADDITION. 3. LEARNE D REPRESENTATIVES FAIRLY AGREE THAT THIS ISSUE IS REQUIRED TO BE REMITTED TO THE FILE OF THE LEARNED CIT ( A ) AS IN THE CASE OF DESCHEM TECHNOLOGICAL RESOURCES PVT. LTD. AND VIDE ORDER DATED 29 TH OCTOBER 2010 THE MATTER REGARDING ADDITION IN THE HANDS I.T.A. NO . 552 /AHD/201 2 A SSESSMENT Y EAR: 200 5 - 06 PAGE 2 OF 2 OF T HE COMPANY WHEREIN RELATED SHARE CAPITAL SUBSCRIPTION/UNSECURED LOAN HAS BEEN ADDED STANDS REMITTED TO THE FILE OF THE CIT(A). 4. IN VIEW OF THE ABOVE FACTUAL POSITION I DEEM IT FIT AND PROPER T O REMIT THE MATTER TO THE FILE OF THE LEARNED CIT(A) FOR A DJUDICATION DENOVO IN THE LIGHT OF THE ABOVE OBSERVATIONS IN ACCORDANCE WITH THE LAW AND BY WAY OF A SPEAKING ORDER. I ORDER SO. 5. IN THE RESULT THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES IN THE TERMS INDICATED ABOVE. P RONOUNCED IN THE OPEN COURT TODAY ON 25 TH DAY OF OCTOBER 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 25 TH DAY OF OCTOBER 2016. PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES AHMEDABAD