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Income Tax Appellate Tribunal, LUCKNOW BENCH ”A“, LUCKNOW
Before: SHRI. A. D. JAIN & SHRI. T.S. KAPOOR
I.T.A. Nos.51 to 55/Lkw/2018 Assessment Years:2009-10 to 2013-14 1
IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ”A“, LUCKNOW
BEFORE SHRI. A. D. JAIN, VICE PRESIDENT AND SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER
ITA Nos.51 to 55/LKW/2018 Asst. Yrs:2009-10 to 2013-14
Shri Vishvendu Gupta, Dy.C.I.T., 14/75, Gopal Vihar, Central Circle-2, Civil Lines, Kanpur. Kanpur. TAN:AVEPG 6475 C (Appellant) (Respondent)
Appellant by: Shri S. K. Garg, Advocate Shri P. K. Kapoor, C.A. Respondent by: Shri A. K. BAR CIT (DR) Date of hearing: 25 07 2019 Date of pronouncement: 22 08 2019
O R D E R PER BENCH: This is a group of five appeals filed by the assessee against the common and consolidated order of the ld. CIT(A) dated 29/11/2017. The assessee has taken various grounds of appeal in these cases and all the grounds of appeals are similar and therefore, were heard together and therefore, for the sake of convenience, a common and consolidated order is being passed.
At the outset, Learned A. R. submitted that a search & seizure operation took place on Dolphin Developers Ltd. and also on the individuals residing together at the address mentioned in the Panchnama. It was
I.T.A. Nos.51 to 55/Lkw/2018 Assessment Years:2009-10 to 2013-14 2
submitted that in view of the search, the cases of the assessee were reopened u/s 153A of the Act and in view of the provisions of section 153A, the assessee had duly filed returns for the relevant assessment years. However, it was submitted that no incriminating material was found during search & seizure operation and the assessments of the years under consideration stood completed and therefore, no addition could have been made except on account of incriminating documents. It was submitted that in all these five years the additions have been made only on the basis of certain gifts received by the assessee. It was submitted that during search & seizure operation, no document, what to talk of incriminating document regarding gift, was found and therefore, the authorities below have wrongly confirmed the addition as the additions sustained by learned CIT(A) are against the provisions of law settled by various courts and specific reference was made to the decision of Delhi Bench of the Tribunal in the case of MGF Automobiles Ltd. vs. ACIT.
2.1 To a question put by the Bench as to what was the finding of learned CIT(A) on this ground, Learned A. R. submitted that he has dismissed this ground of appeal holding the same to be general in nature and in this respect our attention was invited to page 3 of CIT(A)’s order for assessment year 2009-10. However, it was submitted that since this was a legal question therefore, even if learned CIT(A) has not decided the issue, the Tribunal was competent to decide the same.
Learned D. R., on the other hand, submitted that this is a mixed question of facts and law therefore, it will be appropriate to set aside the matter to the file of learned CIT(A) to redecide the issue on this legal and factual ground.
I.T.A. Nos.51 to 55/Lkw/2018 Assessment Years:2009-10 to 2013-14 3
We have heard the rival parties and have gone through the material placed on record. We find that the additions in the five years have been made only on account of certain gifts received by the assessee during these years. Though there is no mention of any incriminating material in the assessment order but still the question to be decided by us is not a pure question of law but it is a mixed question of facts and law and therefore, this question cannot be decided here unless the learned CIT(A) is given opportunity to decide the issue first. Therefore, we deem it appropriate to remit the issue back to the file of learned CIT(A) who should decide the ground on legality of assessment, which was raised before him vide ground No. 7 in assessment year 2009-10 to assessment year 2012-13 and vide ground No. 6 in assessment year 2013-14. Needless to say that assessee will be provided sufficient opportunity of being heard.
In the result, all the appeals are allowed for statistical purposes.
(Order pronounced in the open court on 22/08/2019)
Sd/. Sd/. ( A. D. JAIN ) ( T. S. KAPOOR ) Vice President Accountant Member
Dated:22/08/2019 *Singh
Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. The CIT(A) 5. D.R., I.T.A.T., Lucknow Assistant Registrar