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Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR
Before: SHRI ANIL CHATURVEDI, AM & SHRI PARTHA SARATHI CHAUDHURY,JM
आदेश / ORDER PERANIL CHATURVEDI, AM: The appeal was heard by the Raipur Bench of the Tribunal on 25.09.2007. However, as there was difference of opinion between Judicial Member and Accountant Memberconstituting the Bench which heard the appeal, the matter was referred to Hon’bleThird Member by the Hon’ble President, ITAT under section 255(4) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) for deciding the difference in opinion.
The following two questions, the issues were referred to the Third Member by the Hon’ble President, ITAT under section 255(4) of the Act:
(i) Whether, in the facts and circumstances of the case, the addition of Rs.40,11,000/- made by the Assessing Officer and confirmed by the learned CIT(A) on account of unexplained cash credit u/s 68 is liable to be deleted as held by the learned JM or the matter needs to be restored to the file of the AO for giving him an opportunity to decide the same afresh in the light of documentary evidence filed by the assessee for the first time before the learned CIT(A) as held by the learned AM? (ii) Whether, in the facts and circumstances of the case, the disallowance of Rs.1,64,432/- made by the AO and confirmed by the learned CIT(A) on account of interest paid in respect of the aforesaid cash credits is liable to the deleted as held by the learned JM or this matter being consequential to the main issue relating to the addition u/s 68 also needs to be restored to the file of the AO for deciding the same afresh depending on his decision on the main issue?
3 ITA No.53/NAG/2007 A.Y.1999-2000
The Third Member vide order dated 20.04.2012 had decided the issue as referred to him, so that the matter was referred to the Division Bench for a decision as per majority view.
Despite service of notice, none appeared on behalf of the assessee nor any adjournment application was filed on its behalf. Further, the Revenue has filed a letter dated 23.10.2019 stating that for the last ten years the assessee is not staying in the address provided by assessee and the notice of hearing could not be served on the assessee. Hence, we proceed to decide the present appeal ex-parte the assessee after hearing the Ld. DR.
The Third Member vide order dated 20.04.2012 has concurred with the findings of Hon’ble Accountant Member who had set aside the matter to the Assessing Officer with directions to decide the same on merits after providing due opportunity of hearing. In terms of majority view i.e. as expressed by Ld. Accountant Member and the Ld. Third Member vide their separate orders, the matter is set aside to Assessing Officer to decide the issue on merits after providing due opportunity of hearing to the assessee.
4 ITA No.53/NAG/2007 A.Y.1999-2000
In the result, appeal of assessee is allowed for statistical purposes.
Order pronounced on8thday of November, 2019.
Sd/- Sd/- PARTHASARATHI CHAUDHURY ANIL CHATURVEDI JUDICIAL MEMBER ACCOUNTANT MEMBER रायऩुर/ RAIPUR ; ददनाांक / Dated :8thNovember, 2019. GCVSR
आदेश की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to : 1. अऩीऱाथी / The Appellant. 2. प्रत्यथी / The Respondent. 3. The concerned CIT(A) 4. The concerned CIT 5.ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण,रायऩुरबेंच, रायऩुर / DR, ITAT, Raipur Bench, Raipur. गार्ड फ़ाइऱ / Guard File. 6. आदेशानुसार / BY ORDER,
//True Copy// Senior Private Secretary आयकरअऩीऱीयअधधकरण, रायऩुर/ ITAT, Raipur.
5 ITA No.53/NAG/2007 A.Y.1999-2000
Date 1 Draft dictated on 06.11.2019 Sr.PS/PS 2 Draft placed before author 07.11.2019 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order