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Income Tax Appellate Tribunal, RANCHI
1 ITA No.75/Ran/2017
IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI
BEFORE SHRI N.S.SAINI, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No.75/Ran/2017 A.Y. : 2008-2009 Sunil Kumar Sahay, vs ITO Ward-1(1), Ranchi Qtr.No.E-39, Sector-3, HEC Colony, Ranchi-834004 PAN No. : ABUPS 2802 B Respondent (Appellant) . Assessee by : Shri R.K.Kaushal, CA Revenue by :Shri P.K.Mondal, JCIT Date of Hearing : 29.05.2018 Date of Pronouncement : 30.05.2018 O R D E R Per Pavan Kumar Gadale, JM: This is an appeal filed by the assessee against the order of CIT(A),
Ranchi, dated 14.12.2016 for the assessment year 2008-2009.
At the time of hearing ld. AR of the assessee has filed an application
seeking adjournment and the same has been withdrawn and accordingly
the adjournment application filed by the assessee is dismissed as
withdrawn.
The assessee has raised the following grounds of appeal :-
That the Assessment Order is based on wrong appreciation of 1. facts, based on whims and presumptions and is not supported by proper facts and proper appreciation of law . WHETHER the assessing officer was justified in making 2. addition of Rupees 11,95,500/- alleging that the investment were made by the Assessee and has invested an amount and the said amount is assessable u/s 69 of the Income Tax Act,
2 ITA No.75/Ran/2017 1961 & without considering the explanations as submitted by the Assessee and without applying the facts of the case and legal provisions ?? . WHETHER the assessing officer was justified in ignoring the 3. very basics of issuing notice u/s 147/148 and the points for which the permission of the Commissioner of Income Tax was obtained and making the addition which were not consented to by the Commissioner of Income Tax without applying the facts of the case and legal provisions ?? WHETHER the income truly and fully assessable in the hands 4. of Firms can be justifiably assessed in the hands of the partners of the firm?? Any other Grounds of appeal which the Assessee may think fit 5. in the light of the circumstances and fitness of the case at the time of hearing to get the justice form the Hon’ble Sir.
Brief facts of the case are that during the course of assessment
proceedings of Sri Adiya Vikram Jaiswal for the assessment year 2010-
2011, the AO noted that M/s ABC Construction is not filing its return of
income. The AO had evidence in his possession from the case of Sri Adiya
Vikram Jaiswal that land worth Rs.56,61,456/- was sold in the F.Y.2009-10.
The above land was purchased on 13.05.2008 and 23.05.2008 by making
payment of Rs.20,91,000/- and Rs.11,43,000/-. Payment of Rs.23.91
lakhs making payment of 20,91,000/- and Rs.9,00,000/- respectively.
Further Rs.8,43,000/- was paid in the financial year 2008-09. The AO
therefore reason to believe that investment for the financial year 2007-08
relevant to A.Y.2008-09 as well as interest and remuneration to partners
was not disclosed by the firm. Considering the above facts notice u/s.148
of the Act was issued on 28.03.2014. However, no compliance to this
notice was made, rather the assessee denied having made any such
transaction and asked the AO to supply information as was in his
3 ITA No.75/Ran/2017 possession. Accordingly the assessee was supplied with the copies of the
purchase deeds. Thereafter AO completed the assessment making
addition of Rs.11,95,500/- u/s.69 of the Act and assessed the total income
at Rs.16,90,520/- and passed order u/s.147/143(3) of the Act, dated
28.03.2015.
Aggrieved by the assessment order, the assessee has filed an
appeal with the CIT(A). In the appellate proceedings the assessee argued
the grounds and reiterated the submissions made before the AO. The
CIT(A) after considering the submissions of assessee and the findings of
AO, dismissed the appeal of the assessee.
Aggrieved by the order of CIT(A), the assessee has filed an appeal
before the Tribunal.
Ld. AR before us submitted that the order passed by the AO is bad
in law and also the issue of notice u/s.148 of the Act is not in accordance
with the provisions of the Act and assessment has to be quashed and also
the addition made u/s.69 of the Act by the AO and confirmed by the CIT(A)
is without any basis and prayed for allowing the appeal.
Contra, ld.DR relied on the orders of lower authorities.
We heard the rival submissions and perused the material on record.
Prima facie, on perusal of the grounds of appeal, we found that the ld. AR
of the assessee submitted that the assessee has raised additional ground
of appeal wherein he has challenged the order passed u/s.147 of the Act,
which is as under :-
4 ITA No.75/Ran/2017 WHETHER the assessing officer was justified in ignoring the very basics of issuing notice u/s 147/148 and the points for which the permission of the Commissioner of Income Tax was obtained and making the addition which were not consented to by the Commissioner of Income Tax without applying the facts of the case and legal provisions ??
We find that this ground has been raised for the first time before the
Tribunal and accordingly, we consider it appropriate to remit the entire
disputed issue to the file of CIT(A), who shall consider the ground and
verify and examine the issue afresh and pass order after providing
adequate opportunity to the assessee and the assessee shall cooperate in
submitting the information before the CIT(A). Hence, the ground of appeal
of the assessee is allowed for statistical purposes.
In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 30/05 /2018
Sd/- Sd/- (N.S.SAINI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi, Dated 30/05/2018 Prakash Kumar Mishra , Sr. Ps Copy of the Order forwarded to : 1. The Appellant – Sunil Kumar Sahay, Qtr.No.E-39, Sector-3, HEC Colony, Ranchi-834004 2. The Respondent – ITO Ward-1(1), Ranchi 3. The CIT(A) concerned 4. CIT , concerned BY ORDER, 5. DR, ITAT, Ranchi 6. Guard file.
//True Copy// SR.PS, ITAT, RANCHI