M/s Ghanshyam Diamond,, v. The Assistant Commissioner of Income Tax, Junagadh Circle-2,, JUNAGADH

ITSSA 49/RJT/2010 | misc
Pronouncement Date: 29-09-2011 | Result: Allowed

Appeal Details

RSA Number 4924916 RSA 2010
Bench Rajkot
Appeal Number ITSSA 49/RJT/2010
Duration Of Justice 1 year(s) 5 month(s) 7 day(s)
Appellant M/s Ghanshyam Diamond,,
Respondent The Assistant Commissioner of Income Tax, Junagadh Circle-2,, JUNAGADH
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 29-09-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 29-09-2011
Date Of Final Hearing 29-09-2011
Next Hearing Date 29-09-2011
Assessment Year misc
Appeal Filed On 21-04-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH RAJKOT BEFORE SHRI D.K. TYAGI (JM) AND SHRI A.L. GEHLOT (A M) I.T(SS).A. NO.49/RJT/2010 (BLOCK PERIOD ENDING 24-09-1997) M/S GHANSHYAM DIAMOND VS ACIT JUNAGADH CIRCLE-2 OPP ST BUS STAND JUNAGADH LATHI DIST : AMRELI PAN : NOT AVAILABLE (APPELLANT) (RESPONDENT) DATE OF HEARING : 29-09-2011 DATE OF PRONOUNCEMENT : 29-09-2011 APPELLANT BY : SHRI JC RANPURA RESPONDENT BY: SHRI YOGESH PANDE O R D E R PER BENCH THIS BLOCK ASSESSMENT APPEAL OF THE ASSESSEE IS DI RECTED AGAINST THE ORDER OF CIT(A)-IV RAJKOT DATED 16-02-2010 PER TAINING TO THE BLOCK PERIOD 01-04-1987 TO 24-09-1997. 2. THE FOLLOWING EFFECTIVE GROUNDS ARE RAISED BY TH E ASSESSEE: 2.0 THE LEARNED COMMISSIONER OF INCOME-TAX (APPEAL S)-IV RAJKOT [HEREINAFTER REFERRED TO AS THE CIT(A)] WAS NOT JUSTIFIED IN DISMISSING THE APPEAL EX-PARTE ON THE GROUND OF NON-PROSECUTION. 3.0 THE LD.CIT(A) ERRED ON FACTS ALSO IN LAW IN NOT DECIDING THE GROUND OF APPEAL RELATED TO VALIDITY OF NOTICE U/S IT(SS)A NO.49/RJT/2010 2 158BD OF THE ACT. THE NOTICE U/S 158BD BEING ILLEG AL AND INVALID THE ENTIRE ORDER MAY KINDLY BE QUASHED . 4.0 SINCE NO NOTICE A REQUIRED U/S 143(2) OF THE AC T WAS SERVED UPON THE APPELLANT THE ORDER PASSED U/S 158 BD OF THE ACT IS INVALID AND MAY KINDLY BE QUASHED. 5.0 THE LEARNED CIT(A) ERRED ON FACTS AS ALSO IN LA W IN CONFIRMING THE AOS ESTIMATION OF FURTHER RECEIPTS OF RS.45 00 000/- AND CONSEQUENTLY SUSTAINING THE ADDI TION OF RS.1 80 000/-. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E IS ENGAGED IN JOB WORK AND BUSINESS OF CUTTING AND POLISHING OF ROUGH DIAMONDS. SEARCH ACTION U/S 132 OF THE ACT WAS CARRIED OUT ON 24-05- 1997. ON THE BASIS OF SEIZED MATERIAL AND SUBMISSION OF PARTNERS SHRI GH ANSHYAMBHAI THE ASSESSING OFFICER MADE ADDITION OF RS.1 80 000 BEIN G 4% NET PROFIT ON UNRECORDED RECEIPT. THE CIT(A) MADE THE EX PARTE O RDER CONFIRMING THE ORDER OF ASSESSING OFFICER. 4. AFTER HEARING LEARNED REPRESENTATIVES OF THE PAR TIES AND ON PERUSAL OF RECORDS IN THE INTEREST OF NATURAL JUSTICE WE FIND IT APPROPRIATE TO SEND BACK THIS FILE TO THE FILE OF THE CIT(A) WITH THE D IRECTION TO DECIDE THE APPEAL AFRESH IN ACCORDANCE WITH LAW AFTER PROVIDING REASO NABLE OPPORTUNITY OF HEARING TO BOTH SIDES. ACCORDINGLY THE MATTER IS SET ASIDE TO THE FILE OF THE CIT(A) FOR FRESH DECISION. IT(SS)A NO.49/RJT/2010 3 5. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 29-09-2011. SD/- SD/- (D.K. TYAGI) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT DT : 29 TH SEPTEMBER 2011 PK/- COPY TO: 1. ASSESSEE 2. REVENUE 3. THE CIT(A)-IV RAJKOT 4. THE CIT-III RAJKOT 5. THE DR I.T.A.T. RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR ITAT RAJKOT