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Income Tax Appellate Tribunal, AHMEDABAD – BENCH ‘SMC’
Before: SHRI RAJPAL YADAV
आयकर अपील�य अ�धकरण, अहमदाबाद �यायपीठ - अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD – BENCH ‘SMC’
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER आयकर अपील सं./ ITA No. 1942/Ahd/2017 �नधा�रण वष�/Assessment Year: 2012-13 Kalpesh C. Shah ITO, Ward-1(2)(3) B-22, Rushika Apartment Vs Ahmedabad. Nr. Sujata Flat Shahibaug Ahmedabad PAN : AWRPS 000 7 J अपीलाथ�/ (Appellant) �� यथ�/ (Respondent) Assessee by : None Revenue by : Smt.Ila Parmar, Sr.DR
सुनवाई क� तार�ख/Date of Hearing : 06/06/2019 घोषणा क� तार�ख /Date of Pronouncement : 24/06/2019 O R D E R Assessee is in appeal before the Tribunal against order of the ld.CIT(A)-10, Ahmedabad dated 22.6.2017 passed for the Asstt.Year 2012-13.
On the last occasion, this appeal was listed on 30.4.2019. The assessee had filed an application for adjournment of hearing and the hearing was adjourned to 6.6.2019. However, on 6.6.2019 no-one has appeared on behalf of the assessee, and with the assistance of the ld.DR, I have gone through the record.
Solitary grievance of the assessee is that the ld.CIT(A) has erred in confirming the addition of Rs.6,46,800/- which was added by the AO with aid of section 68 of the Income Tax act.
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It emerges out from the record that the assessee has filed his return of income on 28.9.2012 declaring total income at Rs.3,38,860/-. The case of the assessee was selected for scrutiny assessment and notice under section 143(2) was issued and served upon the assessee. On scrutiny of the accounts, it revealed to the AO that the assessee has taken unsecured loans from different persons. He has taken a sum of Rs.4,85,000/- through cheque from three parties and Rs.161,800/- in cash from nine parties. According to the finding recorded by both the officers concurrently it revealed that when the AO started inquiry the assessee did not bother to file the details. Thereafter, father of the assessee along with two authorized persons attended before the AO and admitted that these are the bogus unsecured loans. With this finding, addition has been made. On the other hand, the stand of the assessee is that no such admission was made on his behalf either by the authorized representatives or his father. The assessee has filed necessary details. According to him, loans of Rs.4,85,000/- was taken through cheques from Smt.Pistaben C. Shah, Smt.Shital Shah and from Smt.Sunita Paresh Shah. He has submitted their bank statements, confirmation and return of income from all the alleged creditors. In response to the notice under section 133(6) the alleged creditors have submitted necessary details and copies of replies have been placed on page nos.23 to 29 of the paper book. The ld.DR relied upon the orders of the Revenue authorities and contended that addition be confirmed.
I have gone through the record carefully. I find that assessee has specifically pleaded in the statement of facts filed before the CIT(A) disputing the stand of the AO that these loans were admitted as bogus. Once a dispute has been raised by the assessee at first available time,
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then this aspect ought to have been dealt on merit. The ld.CIT(A) has rejected this contention on the ground that no affidavit was filed. Assertion made in the statement of facts is akin to any affidavit because it is an appeal at the end of the assessee who felt aggrieved with the finding of the fact recorded by the AO. Since addition has been confirmed on the ground that the assessee has admitted them as bogus; once that fact has been disputed, then whose details on merit requires to be examined, which has not been considered by the ld.CIT(A). Therefore, taking into consideration these facts, I set aside both the orders and remit this issue to the file of the AO for re-adjudication.
In the result, appeal of the assessee is allowed for statistical purpose.
Pronounced in the Open Court on 24th June, 2019.
Sd/- (RAJPAL YADAV) JUDICIAL MEMBER