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Income Tax Appellate Tribunal, SURAT BENCH,
Before: SHRI C.M.GARG & SHRI O.P.MEENA
आदेश /ORDER
PER C.M.GARG, JUDICIAL MEMBER: This appeal has been filed by the Assessee against the order of Commissioner of Income Tax (Appeals), Valsad (‘CIT(A)’ for short) dated 23.01.2015 for the Assessment Year (A.Y) 2010-11 passed u/s. 143(3) of the Income Tax Act, 1961 (for short ‘the Act”).
The grounds raised by the Assessee read as follows: “In view of the facts and circumstances of the case, the ld. CIT(A) ought to have deleted the addition of Rs. 45,60,185/- relying only on report in Form 26 AS and denying the evidences supported by Books of Accounts and
2 ITA No.621/Ahd/2015/SRT (A.Y: 2010-11) Shri Shankarlal Maturam Meena Affidavit of the appellant and hence your appellant prays that the same be deleted.”
We have heard the arguments of both sides and carefully perused the
relevant material placed on the record of the Tribunal. The Assessee’s
Representative (AR) submitted that on request of the assessee the
Assessing Officer (AO) has revised form No. 26AS and in view of the same
no addition on account of impugned amount of Rs. 45,60,185/- pertaining to
the amount received from various parties i.e., from the bank of Rajasthan
Ltd., Jaybharat Textiles and Real Estate Ltd. would be sustainable. The ld.
Departmental Representative (DR) submitted that if Form No.26AS has been
revised by the concerned AO then, department has no objection if the issue
is restored to the file of the AO for a fresh adjudication in the light of revised
Form No.26AS.
On careful consideration of above rival submissions, we are of the
view of that the AO made addition on account of receipt of amount from three
parties and request of the assessee for reconcile and revised amounts
shown in the From No.26AS has been allowed by the AO. Now, in this
situation, verification and examination of the Form No.26AS is required by
the AO thus, this issue is restored to the file of AO for limited purpose i.e.,
verification and examination of receipts shown by the assessee as per
revised form No.26AS. Thus, the issue is restored to the file of AO with a
direction that the AO shall re-adjudicate the issue afresh after allowing due
opportunity to the assessee and without being prejudiced from the earlier
3 ITA No.621/Ahd/2015/SRT (A.Y: 2010-11) Shri Shankarlal Maturam Meena assessment and first appellate order. Accordingly, the sole ground of the assessee is allowed for statistical purpose.
In the result, appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open court on this day of 18th April, 2018.
Sd/- Sd/- (ओ पी मीना) (सी एम गग�) (O.P.MEENA) (C.M.GARG) लेखा सद�/Accountant Member �ाियक सद�/Judicial Member सूरत / Surat; िदनांक Dated : 18th April, 2018 EDN आदेश की !ितिलिप अ$ेिषत/Copy of the Order is forwarded to : 1. अपीलाथ� / The Appellant; 2. ��थ� / The Respondent; 3. आयकर आयु#(अपील) / The CIT(A), Valsad ; 4. CCIT, Surat; 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, सूरत / DR, ITAT, Surat; 6. गाड� फाईल / Guard file.
आदेशानुसार/ BY ORDER,
// True copy // सहायक प)जीकर / Assistant Registrar आयकर अपीलीय अिधकरण, सूरत / ITAT, Surat