The ACIT,Gandhinagar Circle, Gandhinagar v. Kiran Utamchand Shah, Gandhinagar

ITSSA 4/AHD/2008 | misc
Pronouncement Date: 07-05-2010 | Result: Partly Allowed

Appeal Details

RSA Number 420516 RSA 2008
Assessee PAN TOTAL1273F
Bench Ahmedabad
Appeal Number ITSSA 4/AHD/2008
Duration Of Justice 2 year(s) 3 month(s) 27 day(s)
Appellant The ACIT,Gandhinagar Circle, Gandhinagar
Respondent Kiran Utamchand Shah, Gandhinagar
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 07-05-2010
Appeal Filed By Department
Order Result Partly Allowed
Bench Allotted A
Tribunal Order Date 07-05-2010
Date Of Final Hearing 03-05-2010
Next Hearing Date 03-05-2010
Assessment Year misc
Appeal Filed On 11-01-2008
Judgment Text
- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A AHMEDABAD BEFORE S/SHRI MAHAVIR SINGH JM AND D.C.AGRAWAL AM ASSTT. CIT GANDHINAGAR CIRCLE BLOCK NO.14 4 TH FLOOR UDYOG BHAVAN SECTOR- 11 GANDHINAGAR. V/S . SHRI KIRAN UTTAMCHAND SHAH PROP. ALAP SECURITIES PLOT NO.165 FIRST FLOOR SEC.21 GANDHINAGAR. (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI ABIJEET KUMAR NOBKHODH SR.DR RESPONDENT BY:- SHRI K. N. BHATT AR O R D E R PER D.C. AGRAWAL ACCOUNTANT MEMBER. THIS IS AN APPEAL FILED BY THE REVENUE AND THE CRO SS OBJECTION FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT( A) DATED 5.10.2007. THE REVENUE HAS RAISED FOLLOWING GROUND IN ITS APPEAL:- (1) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DEL ETING THE ADDITION OF RS.15 16 000/- BEING THE CASH PAYMENT O F MADE ON THE BASIS OF THE STATEMENT RECORDED U/S 131 OF THE I.T. ACT FROM THE RECIPIENT OF THE SAID AMOUNT IN THE POST-SEARCH PROCEEDINGS U/S 132 OF THE IT ACT. WHEREAS THE ASSESSEE HAS RAISED THE FOLLOWING CROSS OBJECTION:- IT(SS)A NO.04/AHD/2008 ALONG WITH CO. NO.51/AHD/2008 BLOCK PERIOD ENDING 4.9.2002. 2 (1) IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE THE LD. CIT(A) HAS RIGHTLY DELETED THE ADDITION MADE BY THE LD. AO AND HENCE THE ORDER OF LD. CIT(A) SHOULD BE UPHELD. 2. THUS THE ISSUE IS THAT WHETHER THE ADDITION OF R S.15 16 000/- CAN BE MADE IN THE HANDS OF THE ASSESSEE ON THE GROUND THA T IT HAS PAID CASH TO SHRI PRADIP S. CHONA WHO RUNS THE POPULAR HAVMOR GR OUP FOR PURCHASE OF A PROPERTY. 3. THE FACTS OF THE CASE ARE THAT A SEARCH UNDER SE CTION 132 OF THE ACT WAS CARRIED OUT AGAINST SHRI PRADIP SATISHCHANDRA C HONA OF HAVMOR GROUP ON 4/9/2002. FROM THE SEIZED DOCUMENTS THE A O CAME TO KNOW THAT SHRI PRADIP S. CHONA HAD PURCHASED THE PROPERT Y AT SUMAN TOWER IN GANDHINAGAR FROM TRIYA HOLDINGS (P) LTD. AND SOLD T HE SAME TO M/S ALAP SECURITIES WHOSE PROPRIETOR IS SHRI KIRAN UTTAMCHAN D SHAH OF GANDHINAGAR BEING THE PRESENT ASSESSEE. THE SCRUTI NY OF THE SEIZED DOCUMENTS REVEALED THAT IN ADDITION TO PAYMENT BY C HEQUE ON MONEY IN CASH WAS PAID FOR PURCHASE OF PROPERTY WHICH WAS FU RTHER CONFIRMED BY SHRI PRADIP S. CHONA IN HIS STATEMENT RECORDED UNDE R SECTION 131(1A). THEREFORE HAVING BEEN SATISFIED WITH THE STATEMENT ON ON MONEY BY PRESENT ASSESSEE AO SENT A SATISFACTION NOTE TO THE AO OF PRESENT ASSESSEE TO TAKE ACTION UNDER SECTION 158BD OF THE ACT. ACCO RDINGLY NOTICE UNDER SECTION 158BD WAS ISSUED BUT NO RETURN OF UNDISCLOS ED INCOME WAS FILED. THE AO ISSUED NOTICE UNDER SECTION 142(1) ON 11.12. 2006 ASKING THE ASSESSEE TO MAKE COMPLIANCE AND EXPLAIN THE CONTENT S OF THE DOCUMENTS SEIZED. HE ISSUED FOLLOWING QUESTIONNAIRE:- 1. PLEASE FILE DETAILS OF RETURNS OF INCOME FILED FOR ALL THE YEARS PERTAINING TO THE BLOCK PERIOD ENDING 4/9/2002. PLE ASE NOTE THAT IF NO EVIDENCE IS FILED REGARDING THE RETURN OF INCOME FILED AND INCOME OFFERED FOR TAXATION DURING EACH OF THE YEAR S IT WILL BE 3 PRESUMED THAT NO RETURN IS FILED AND THE ASSESSMENT WILL BE FRAMED ACCORDINGLY. 2. IT IS FOUND THAT YOU HAVE PURCHASED SHOPS LOCAT ED AT SUMAN TOWER GANDHINAGAR FROM PRADIP S. CHONA FOR A CONS IDERATION OF RS.27.00 LACS IN FY 2000-01. THE SAID INVESTMENT IS NOT REFLECTED IN THE RETURN OF INCOME FILED. YOU ARE HEREBY OFFERED AN OPPORTUNITY TO SHOW CAUSE AS TO WHY THE SAID AMOUNT SHOULD NOT BE ADDED TO YOUR INCOME. 3. IT IS SEEN THAT AN AMOUNT OF RS.11 84 000/- HAS BEEN PAID BY YOU THROUGH CHEQUE AND THE REMAINING AMOUNT OF RS.1 5 16 000/- HAS BEEN PAID BY CASH. THESE INVESTMENT MERITS TO B E ADDED TO YOUR TOTAL INCOME. KINDLY SHOW CAUSE FOR THE SAME. 4. THESE UNACCOUNTED PAYMENTS ARE EVIDENCED BY PG. 27 TO 41 AND PAGE 65 TO 70 OF LOOSE PAPER FILE SIZED DURING SEARCH. A COPY OF THE EVIDENCE IS ENCLOSED FOR READY REFERENCE. YOU M AY FILE YOUR SUBMISSIONS IN THIS REGARD. IN VIEW OF THE ABOVE EVIDENCES IT IS SEEN THAT TH E SAID PAYMENT/INVESTMENT IS NOT REFLECTED IN THE RETURN O F INCOME FILED FOR THE SAID PERIOD. AS SUCH YOU ARE REQUIRED TO SHOW CAUSE AS TO WHY THE SAME SHOULD NOT BE ADDED TO YOUR TOTAL INCOME 4. IN RESPONSE TO THIS THE ASSESSEE FURNISHED FOLL OWING REPLY:- WITH REFERENCE TO ABOVE CITED SUBJECT I LIKE TO IN FORM YOU THAT THE TIME PERIOD PROVIDED BY YOU TOGETHER NECESSARY INFORMATI ON FOR ABOVE SUBJECT IS VERY LESS. WE WANT TO PROVIDE FOLLOWING INFORMAT ION- 1. WE HAVE PAID TOTAL RS.14.76 LACS FROM THREE SEPA RATE PART. A. MR. PRATIKSHA U. SHAH RS.4.92 LACS B. MR. UTTAMCHAND K. SHAH- RS.4 92 LACS C. MRS. PRATIKSHABEN S. SHAH- RS.4.92 LACS AND WE HAVE SEEN THIS AMOUNT IN OUR INCOME TAX RET URN AT THIS TIME (COPY OF IT RETURNS ENCLOSED). WE HAVE NOT PAID ANY ON AMOUNT BY CASH 4 OR ANY TYPE OF OTHER PAYMENT IN THIS DEAL. EXCEPT M R. KIRANBHAI U. SHAH OTHER TWO PERSONS WERE NOT INVOLVE IN THE ANY NEGOT IATION FOR THE PURCHASE OF THIS PREMISES. 2. WE HAVE PAID TOTAL SUM OF RS.14.76 LACS BY WAY O F CHEQUE AS PER DOCUMENT DETAILS. WE HAD PAID RS.1.56 LACS (52000 X 3) IN FOLLOWING MANNERS A) RS.63 650 TO M/S TRIYA HOLDING (P) LTD. AGAINST PEN DING OVER DUES OF MR. PRADIP CHONA (RECEIPT ENCLOSED) B) RS.92 350/- BY CASH FOR PURCHASING OF STAMP PAPER. AS PER ABOVE INFORMATION WE PAID TOTAL RS.16 .32 LACS. 3. AS PER MY BEST KNOWLEDGE EVEN TODAY GOVT. LAND INDEX OF SECTOR- 11 GANDHINAGAR IS RS.1750/- SQ.FT. AT THAT TIME TH E GOVT. LAND INDEX OF SECTION-11 GANDHINAGAR WAS RS.1150/- SQ/FT. WE PURC HASE TOTAL 1273 FT AREA WHICH IS EQUIVALENT TO SUM OF RS.14.50 LACS. T HEY HAVE GIVEN SO MANY TIMES ADVERTISEMENT TO SALE THIS PROPERTY. SO IT IS NOT PRIME PROPERTY. SO WHY WE PAY ANY AMOUNT FOR THIS PREMISE S? 4. WE DO NOT KNOW HOW THAT SAY MR. PRADIP CHONA HAS AGREED IN RECEIPT FOR ON MONEY IN THIS TRANSACTION. WE HAVE N OT AT ALL PAID ANY ON MONEY TOMR. PRADIP CHONA THEREFORE WE WOULD LIKE TO CROSS EXAMINE MR. PRADIP CHONA ON THE ISSUE OF ON MONEY. SO BEFORE CO MING ON ANY CALCULATIONS PLEASE CALL MR. PRADIP CHONA FOR CROS S VERIFICATION. THE AO REJECTED THE CONTENTION OF THE ASSESSEE EXA MINED THE SEIZED DOCUMENT A-1 AND FOUND THAT - (1) ASSESSEE PURCHASED OFFICE PREMISES AT GROUND FLOOR SUMAN TOWER PLOT NO.18 SECTOR-11 GANDHINAGAR AS PER SA LE DEED DATED 21.8.2000 FOR A TOTAL CONSIDERATION OF RS.27 LACS. (2) THE CHEQUE PAYMENT WAS OF RS.11 84 000/- THEREFORE THE DIFFERENCE RS.27 LACS AND RS.11 84 0 00/- = TO RS.15 16 000/- WAS TREATED AS UNDISCLOSED INCOME BY THE AO. WHEN THE MATTER WENT BEFORE THE LD. CIT(A) HE DIRECTED THE AO TO GIVE OPPORTUNITY 5 TO THE ASSESSEE TO CROSS-EXAMINE SHRI PRADIP S. CHO NA AND OFFER AN OPPORTUNITY TO PERUSE THE ORIGINAL SEIZED DOCUMENTS WHICH HAVE BEEN RELIED UPON IN THE ASSESSMENT ORDER. CONSEQUENTLY T HE AO ALLOWED CROSS- EXAMINATION TO SHRI PRADIP S. CHONA HE ALSO ALLOWE D INSPECTION OF THE ORIGINAL DOCUMENTS TO THE ASSESSEE AND SUBMITTED A REMAND REPORT TO THE LD. CIT(A). THE LD. CIT(A) HOWEVER DELETED THE AD DITION ON THE FOLLOWING REASONINGS:- (1) THE PAPERS WERE SEIZED FROM PREMISES OF SHRI PRADIP S. CHONA AND NOT FROM THE PREMISES OF ASSESSEE. (2) THE SEIZED DOCUMENT NOS.69 & 70 ON WHICH AO RELIED DID NOT APPEAR THE NAME OF ASSESSEE. EVEN THOUGH PAGE 69 IS A PHOTO COPY OF CHEQUE GIVEN BY THE ASSESSEE TO MR. CHONA. (3) THE AO DID NOT CO-RELATE THE FIGURES LIKE RS.27 00 000/- AND RS.11 84 000/- MENTIONED IN DOCUMENT AT PAGE 70. (4) THERE ARE OTHER FIGURES WHICH REMAIN UN-CO-RELATED. (5) THERE IS NO NAME WRITTEN AGAINST CASH OF RS.11 23 1 75/- ON PAGE NO.70. (6) SHRI CHONA UNDER CROSS EXAMINATION STATED THAT CASH ELEMENT WAS RS.12 24 000/- WHEREAS CHEQUE ELEMENT WAS OF RS.14 76 000/-. AOS STAND THAT CASH OF RS.15 16 00 0/- WAS PAID BY THE ASSESSEE. FURTHER THIS DOES NOT TALLY WITH T HE FIGURE OF RS.11 23 175/- AS NARRATED AT PAGE 70. (7) THE DOCUMENT WAS WRITTEN BY ONE SHRI DUSHYANT KANSA RA WHO WAS EMPLOYEE OF MR. CHONA. HE WAS NEITHER CALLED NO R WAS CROSS EXAMINED. THUS NO ADDITION COULD BE MADE ON THE BASIS OF DOCU MENTS SEIZED FROM THE POSSESSION OF THIRD PARTIES. 6 5. AGAINST THIS LD. DR SUBMITTED THAT LD. CIT(A) H AS IGNORED THE BASIC FACTS THAT MR. CHONA HAS ADMITTED TO HAVE REC EIVED CASH FROM THE ASSESSEE IN ADDITION TO CHEQUE AMOUNT WHICH WAS FOU ND RECORDED ON THE SEIZED DOCUMENTS. THE TRANSACTION OF SALE OF PROPER TY BY MR. CHONA TO ASSESSEE IS UNDISPUTED. THE PAYMENT BY CHEQUE IN RE SPECT OF THIS PROPERTY IS ALSO UNDISPUTED. THE ASSESSEE WAS NOT ABLE TO CO NTROVERT THE FACT OF PAYMENT OF CASH TO SHRI CHONA. THEREFORE LD. CIT(A ) HAD IGNORED THE BASIC FACTS AND DELETED THE ADDITION. 6. ON THE OTHER HAND LD. AR FOR THE ASSESSEE RELIE D ON THE ORDER OF LD. CIT(A). 7. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IN OUR CONSIDERED VIEW THE THEORY THAT NO ADDITION CAN BE MADE ON THE BASIS OF DOCUMENTS SEIZED FROM THE PREMISES OF THIRD PARTIES CANNOT BE APPLIED IN ALL THE CASES AND UNDER ALL THE CIRCU MSTANCES. IT ALL DEPENDS UPON THE FACTS AND CIRCUMSTANCES OF EACH CASE. THE FACT THAT LAW HAS PROVIDED TO MAKE ASSESSMENT OF THE THIRD PARTIES I. E. THE PARTIES OTHER THAN THOSE SEARCHED UNDER SECTION 132 ON THE BASIS OF DO CUMENTS FOUND FROM THE PREMISES OF PERSONS SEARCHED BY INVOKING THE PR OVISIONS OF SECTION 158BD OR PRESENTLY UNDER SECTION 153C ARE AMPLE PR OOF THAT IF CIRCUMSTANCES JUSTIFY ASSESSMENT OF THE CONCEALED INCOME CAN BE MADE ON THE BASIS OF DOCUMENTS FOUND FROM THE PREMISES O F THIRD PARTIES IN SEARCHES AGAINST THEM. THE AO HAS INITIATED PROCEED INGS UNDER SECTION 158BD IN THE PRESENT CASE WHICH REMAINS UNCHALLENGE D AND UNCONTROVERTED. THEREFORE WE REJECT THE ARGUMENTS OF LD. AR THAT NO ADDITION CAN BE MADE ON THE BASIS OF DOCUMENT SEIZE D FROM THE PREMISES OF THIRD PARTIES. SECONDLY WE OBSERVE THAT PRINCIP LE OF NATURAL JUSTICE HAVE BEEN FULLY COMPLIED WITH IN THE REMAND PROCEED INGS DIRECTED BY LD. 7 CIT(A). THE AO HAS ALLOWED INSPECTION OF SEIZED DOC UMENTS ALSO PROVIDED PHOTO COPIES OF SEIZED DOCUMENTS AND ALLOW ED CROSS- EXAMINATION OF SHRI PRADIP S. CHONA. IN THE CROSS-E XAMINATION SHRI CHONA WITHSTOOD HIS STAND THAT HE HAD RECEIVED CASH AMOUNT IN ADDITION TO CHEQUE AMOUNT FOR SALE OF PROPERTY TO THE ASSESS EE. ACCORDING TO SHRI CHONA HE HAS RECEIVED A SUM OF RS.12 24 000/- FROM THE ASSESSEE WHEREAS FIGURES REVEALED FROM THE DOCUMENTS ARE SOLELY DIFF ERENT BUT THAT DOES NOT DILUTE THE JURISDICTION OF THE AO OF MAKING THE ASS ESSMENT OF CASH PORTION IN THE HANDS OF THE ASSESSEE AS UNDISCLOSED PAYMENT . WE ALSO NOTICE THAT THE SEIZED DOCUMENT NOS.69 & 70 CONTAIN THE TRANSAC TIONS RELATING TO THE PROPERTY PURCHASED BY THE ASSESSEE FROM SHRI PRADIP S. CHONA. THE FACT THAT A CHEQUE PAYMENT WAS MADE BY ASSESSEE TO MR. C HONA IS ADMITTED. ONCE THE NATURE OF TRANSACTION THE PERIOD OF TRANS ACTION THE PARTIES TO THE TRANSACTION AND AMOUNT INVOLVED IN THE TRANSACTIONS ARE CLEAR THEN QUESTION OF REJECTING EVIDENCE IN THE FORM OF DOCUM ENT NOS.69 & 70 DOES NOT ARISE. FURTHER CONTENTS OF THE DOCUMENTS WERE L ARGELY SUPPORTED BY THE STATEMENT OF SHRI CHONA AND HIS CROSS-EXAMINATI ON. 8. A PERUSAL OF THE DOCUMENT NO.69 CLEARLY INDICAT ES THAT TOTAL TRANSACTION WAS FOR RS.27 LACS WHICH IS CORROBORATE D BY SHRI PRADIP S. CHONA IN HIS CROSS-EXAMINATION. THE ASSESSEE HAS AD MITTED TO HAVE MADE PAYMENT BY CHEQUE FOR RS.14.76 LACS AS UNDER :- WITH REFERENCE TO ABOVE CITED SUBJECT I LIKE TO IN FORM YOU THAT THE TIME PERIOD PROVIDED BY YOU TOGETHER NECESSARY INFORMATI ON FOR ABOVE SUBJECT IS VERY LESS. WE WANT TO PROVIDE FOLLOWING INFORMAT ION- 8 1. WE HAVE PAID TOTAL RS.14.76 LACS FROM THREE SEPA RATE PART. A. MR. PRATIKSHA U. SHAH RS.4.92 LACS B. MR. UTTAMCHAND K. SHAH- RS.4 92 LACS C. MRS. PRATIKSHABEN S. SHAH- RS.4.92 LACS AND WE HAVE SEEN THIS AMOUNT IN OUR INCOME TAX RET URN AT THIS TIME (COPY OF IT RETURNS ENCLOSED). WE HAVE NOT PAID ANY ON AMOUNT BY CASH OR ANY TYPE OF OTHER PAYMENT IN THIS DEAL. EXCEPT M R. KIRANBHAI U. SHAH OTHER TWO PERSONS WERE NOT INVOLVE IN THE ANY NEGOT IATION FOR THE PURCHASE OF THIS PREMISES. 2. WE HAVE PAID TOTAL SUM OF RS.14.76 LACS BY WAY O F CHEQUE AS PER DOCUMENT DETAILS. WE HAD PAID RS.1.56 LACS (52000 X 3) IN FOLLOWING MANNERS C) RS.63 650 TO M/S TRIYA HOLDING (P) LTD. AGAINST PEN DING OVER DUES OF MR. PRADIP CHONA (RECEIPT ENCLOSED) D) RS.92 350/- BY CASH FOR PURCHASING OF STAMP PAPER. AS PER ABOVE INFORMATION WE PAID TOTAL RS.16 .32 LACS. 3. AS PER MY BEST KNOWLEDGE EVEN TODAY GOVT. LAND INDEX OF SECTOR- 11 GANDHINAGAR IS RS.1750/- SQ.FT. AT THAT TIME TH E GOVT. LAND INDEX OF SECTION-11 GANDHINAGAR WAS RS.1150/- SQ/FT. WE PURC HASE TOTAL 1273 FT AREA WHICH IS EQUIVALENT TO SUM OF RS.14.50 LACS. T HEY HAVE GIVEN SO MANY TIMES ADVERTISEMENT TO SALE THIS PROPERTY. SO IT IS NOT PRIME PROPERTY. SO WHY WE PAY ANY AMOUNT FOR THIS PREMISE S? 4. WE DO NOT KNOW HOW THAT SAY MR. PRADIP CHONA HAS AGREED IN RECEIPT FOR ON MONEY IN THIS TRANSACTION. WE HAVE N OT AT ALL PAID ANY ON MONEY TOMR. PRADIP CHONA THEREFORE WE WOULD LIKE TO CROSS EXAMINE MR. PRADIP CHONA ON THE ISSUE OF ON MONEY. SO BEFORE CO MING ON ANY CALCULATIONS PLEASE CALL MR. PRADIP CHONA FOR CROS S VERIFICATION. 9. THE QUESTION AS OF HOW THE DIFFERENCE BETWEEN RS .27 LACS AND RS.14.76 LACS EQUALS TO RS.12.24 LACS HAS BEEN PAID . DOCUMENT NO.70 ANNEXURE AT PAGE -32 OF THE PAPER BOOK INDICATES TH AT A SUM OF RS.10 LACS WAS RECEIVED IN CASH AND IN ADDITION A SUM OF RS.92 000/- WHICH HAS 9 BEEN RECEIVED BY CHEQUE AND THERE IS A RECEIPT OF A NOTHER SUM OF RS.1.84 LACS. THERE WERE CERTAIN SHARING FOR MAINTENANCE CH ARGES DOCUMENTS SHOWED. CHEQUES OF RS.92 000/- ONE SIGNED BY SHRI S HEEKU AND PAID FROM ACCOUNT NO.13093 CHEQUE NO.16003 ON GANDHINAGA R NAGARIK CO- OP. BANK LTD.AND GIVEN TO MR. PRADIP CHONA ON 22.8. 2000 AND ANOTHER SIMILAR CHEQUE OF 92 000/- CHEQUE ISSUED ON 22.8.20 00 FROM A/C NO.13092 CHEQUE NO.6994 ISSUED TO SHRI P. CHONA. IT IS NOT MADE CLEAR WHETHER THESE TWO CHEQUES OF RS.92 000/- WERE PART OF RS.14.76 LACS. IN ANY CASE A SUM OF RS.12.24 LACS IS WHAT IS APPARENT LY MONEY PAID IN CASH. HOWEVER IT IS REQUIRED TO BE SEEN WHETHER ANY ADDI TION HAS BEEN MADE IN THE HANDS OF SHRI PRADIP S. CHONA WHILE COMPUTING T HE CAPITAL GAIN ON SALE OF THE PROPERTY BY TREATING THE SAME AS BUSINE SS TRANSACTION. TO THE EXTENT AND IN THE MANNER UNACCOUNTED MONEY RECEIVED AS ON MONEY ON SALE OF PROPERTY IS TREATED IN THE HANDS OF SHRI PR ADIP S. CHONA WHILE COMPUTING CAPITAL GAIN OR COMPUTING BUSINESS INCOME AS THE CASE MAY BE ADDITION WOULD BE MADE IN THE HANDS OF ASSESSEE . IN CASE DEPARTMENT HAS NOT MADE ANY ADDITION IN THE HANDS OF SHRI PRAD IP CHONA ON THE BASIS OF THESE TWO DOCUMENT NOS.69 & 70 THEN ASSESSEE ALS O CANNOT BE SUBJECTED TO TAX. ONCE THE FACTUM OF ON MONEY IS NOT ACCEPTED IN THE HANDS OF SHRI PRADIP S. CHONA THEN SIMILAR TREATMEN T HAS TO BE GIVEN TO THE ASSESSEE. THUS IN CASE AND TO THE EXTENT ADDITI ON DUE TO ON MONEY RECEIVED HAS BEEN MADE IN THE HANDS OF SHRI PRADIP S. CHONA ADDITION AS UNEXPLAINED INVESTMENT WOULD BE MADE IN THE HANDS O F ASSESSEE. WE RESTORE THE MATTER TO THE FILE OF LD. CIT(A) TO CON SIDER THE ASSESSMENT OF SHRI PRADIP S. CHONA OR THE RETURN OF INCOME FILED BY HIM AND DECIDE THE AMOUNT OF ON MONEY PAYMENT TO BE TAXED IN THE HAN DS OF ASSESSEE. ACCORDINGLY APPEAL FILED BY THE DEPARTMENT IS ALLOW ED FOR STATISTICAL PURPOSES. 10 10. IN THE RESULT APPEAL FILED BY THE REVENUE AND C.O. BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. SD/- SD/- (MAHAVIR SINGH) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD DATED : 7/5/2010 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD ORDER PRONOUNCED IN OPEN COURT ON 7/5/2010