Shri Jatin M. Shah, Ahmedabad v. The Income tax Officer, Ward-3(2), Ahmedabad

ITA 810/AHD/2014 | 2010-2011
Pronouncement Date: 07-11-2014 | Result: Partly Allowed

Appeal Details

RSA Number 81020514 RSA 2014
Assessee PAN APZPS2196H
Bench Ahmedabad
Appeal Number ITA 810/AHD/2014
Duration Of Justice 7 month(s) 18 day(s)
Appellant Shri Jatin M. Shah, Ahmedabad
Respondent The Income tax Officer, Ward-3(2), Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 07-11-2014
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted B
Tribunal Order Date 07-11-2014
Date Of Final Hearing 28-10-2014
Next Hearing Date 28-10-2014
Assessment Year 2010-2011
Appeal Filed On 20-03-2014
Judgment Text
B IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD B BENCH . .. . . .. . !' !' !' !' #$ %&'( #$ %&'( #$ %&'( #$ %&'( )* + ) ' )* + ) ' )* + ) ' )* + ) ' BEFORE S/SHRI G.C. GUPTA VICE-PRESIDENT AND ANIL CHATURVEDI ACCOUNTANT MEMBER) ITA NO.810/AHD/2014 [ASSTT.YEAR : 2010-2011] SHRI JATIN M. SHAH SHREE KRISHNA CARGO M-7 SHREE GHANTAKARAN MAHAVIR MARKET NEW CLOTH MARKET AHMEDABAD 380 022. PAN : APZPS 2196 H /VS. ITO WARD-3(2) AHMEDABAD. ( (( ( -. -. -. -. / APPELLANT) ( (( ( /0-. /0-. /0-. /0-. / RESPONDENT) 1& 2 3 ) / ASSESSEE BY : SHRI P.F. JAIN + 2 3 ) / REVENUE BY : SHRI DINESH SINGH SR.DR 5 2 &(* / DATE OF HEARING : 28 TH OCTOBER 2014 678 2 &(* / DATE OF PRONOUNCEMENT : 7/11/2014 )9 / O R D E R PER G.C. GUPTA VICE-PRESIDENT: THIS APPEAL BY THE ASSESSEE FOR THE ASSTT.YEAR 2010-2011 IS DIRECTED AGAINST THE OR DER OF THE CIT(A). 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE ONLY EFFECTIVE GROUNDS OF THE APPEAL OF THE ASSESSEE ARE GROUND NOS.1 AND 2 WHICH ARE REPRODUCED HEREINUNDER: ITA NO.810/AHD/2014 -2- 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN UPHOLDING THE ORDER OF AO NOT ACCEPTING THE GIFTS OF RS.18 51 000 /- RECEIVED FROM RELATIVES AND TREATING THE SAME AS UNEXPLAINED INCO ME U/S.69 OF THE IT ACT AS PER PARA 2 OF THE ASSESSMENT ORDER WITHOU T PROPERLY APPRECIATING THE FACTS EVIDENCE AND EXPLANATION OF THE ASSESSEE. 2. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN UPHOLDING THE ORDER OF AO NOT ACCEPTING THE AMOUNT OF RS.9 19 860 /- EXPLAINED AS CASH RECEIVED AGAINST CHEQUES AND TREATING THE SAME AS UNEXPLAINED INCOME U/S.69 OF THE IT ACT AS PER PARA 3 OF THE AS SESSMENT ORDER WITHOUT PROPERLY APPRECIATING THE FACTS EVIDENCE A ND EXPLANATION OF THE ASSESSEE. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT EVIDENCE SHOWING THE SOURCES OF GIFTS AMOUNTS RECEIVED AND A LSO CASH RECEIVED AGAINST CHEQUES WERE FILED BEFORE THE AO ON 7.1.201 3 AND THE AO FRAMED THE ASSESSMENT ON 30.1.2013 WITHOUT MAKING ANY INQU IRY INTO THE EVIDENCE SUBMITTED BY THE ASSESSEE. HE REFERRED TO THE REL EVANT PORTIONS OF THE ASSESSMENT ORDER IN SUPPORT OF HIS ARGUMENTS THAT N O PROPER INQUIRY WAS MADE IN THIS CASE BEFORE THE FINALIZING THE ASSESSM ENT. THE LEARNED DR HAS OPPOSED THE SUBMISSION OF THE LEARNED COUNSEL F OR THE ASSESSEE. HE SUBMITTED THAT THE ONUS WAS ON THE ASSESSEE TO PROV E THE NATURE OF SOURCE OF VARIOUS GIFT AMOUNTS CLAIMED TO HAVE BEEN RECEIV ED BY THE ASSESSEE AND ALSO THE CASH AMOUNT RECEIVED BY THE ASSESSEE AGAIN ST THE CHEQUES AND THE ASSESSEE HAS FAILED TO DISCHARGE ITS ONUS IN THIS R EGARD. HE RELIED ON THE ORDERS OF THE AO AND THE CIT(A). 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT THE ASSESSEE HAS F ILED CERTAIN DETAILS WITH EVIDENCE IN SUPPORT OF HIS CASE OF GENUINENESS OF THE GIFT AMOUNTS RECEIVED BY THE ASSESSEE FROM ITS RELATIVES AND AL SO CASH AMOUNTS RECEIVED BY DISCOUNTING THE CHEQUES ON 7.1.2013. THE SAID E VIDENCE FILED BY THE ASSESSEE WAS REJECTED BY THE AO WITHOUT MAKING A DE TAILED INQUIRY OF THE ITA NO.810/AHD/2014 -3- CORRECTNESS OR OTHERWISE OF THE EVIDENCE FILED BY T HE ASSESSEE IN SUPPORT OF ITS CASE. THE AO HAS RECORDED HIS CONCLUSION WHILE MAKING ADDITION UNDER SECTION 69 OF THE ACT AND HAS RECORDED THAT THE GI FTS HAVE BEEN RECEIVED IN CASH AND DECLARATION OF GIFTS WERE MADE ON PLAIN PA PER (NOT NOTARIZED) AND THE OCCASIONS FOR GIVING THE GIFTS BY THE CLOSE REL ATIVES HAVE NOT BEEN MENTIONED IN THE DECLARATION. WE FIND THAT THE PRO PER INQUIRY INTO THE EVIDENCE FILED BY THE ASSESSEE IN SUPPORT OF ITS CA SE WAS NOT MADE BY THE AO. IN THESE FACTS OF THE CASE WE ARE OF THE VIEW THAT IT SHALL BE IN THE INTEREST OF JUSTICE TO RESTORE THIS ISSUE BEFORE US TO THE FILE OF THE AO WITH DIRECTION TO FRAME DE NOVO ASSESSMENT IN ACCORDANCE WITH LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. THE AO IS DIRECTED TO MAKE PROPER INQUIRY INTO THE EVIDENCE F ILED BY THE ASSESSEE. THE ASSESSEE SHALL BE AT LIBERTY TO FILE ANY EVIDEN CE IN SUPPORT OF ITS CASE TO PROVE THE CREDIT-WORTHINESS OF THE DONORS/PAYERS AN D THE GENUINENESS OF THE TRANSACTIONS. WE DIRECT ACCORDINGLY. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR ITAT. BY ORDER DR/AR ITAT AHMEDABAD