SANJAY BHAIRU VASKAR,KOLHAPUR vs. INCOME-TAX OFFICER, WARD - 1(1), KOLHAPUR

आदेश आदेश / ORDER आदेश आदेश

PER R.S.SYAL, VP :

These 12 appeals by the two different but related assessees relate to the A.Yrs. 1996-97 to 2001-02. Since these appeals are based on similar facts and identical grounds, I am, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience.

Sanjay Bhairu Vaskar and Vilas Bhairu Vaskar

ITA Nos.2865 to 2869 & 2874/PUN/2017 – Shri Sanjay Bhairu Vaskar - A.Yrs. 1996-97 to 2001-02 :

1996-97 are that information was received by the Department

from the Police authorities that the assessee and his brother, the

other assessee in this batch of appeals, earned huge money and

acquired several properties therefrom. They were found to be

involved in illegal money lending business and were convicted by

the District Court, Pune. The Department conducted enquiries on

the basis of such information which transpired that the assessee

and his brother had made investments in construction of

bungalows, motor car and money lending business for different

years. The assessee pleaded denial of any such involvement in

money lending business. Brushing aside such a denial, the AO

made an addition of Rs.1 lakh to the total income on account of

money lending business for the year under consideration. Based

on similar facts, the AO made addition at the rate of Rs.1.00 lac

each in the other years involved in this batch. The Ld. CIT(A)

sustained such additions of Rs.1 lakh each despite the assessee’s

contention that the Hon’ble Bombay High Court has had still not

yet decided the appeal of the assessee on the issue of carrying on

money lending activity, as claimed by the Revenue. The assessee

is aggrieved by the confirmation of such additions.

relevant material on record, it is seen that similar issue came up

for consideration before the Tribunal in the case of the other

assessee, namely, Sh. Vilas B. Waskar, for the A.Yrs. 1997-98 to

2001-02. Vide its order dated 30-11-2006, the Tribunal restored

Sanjay Bhairu Vaskar and Vilas Bhairu Vaskar

the matter to the file of Ld. CIT(A) for deciding this issue afresh

after providing an opportunity of being heard to the assessee. The

Tribunal further held that the ld. first appellate authority shall

examine the judgment of Hon’ble High Court having bearing on

money lending business within one month from the date of such

judgment, a copy of which will be provided by the assessee and

then decide the issue. The ld. AR contended that the judgment of

the Hon’ble Bombay High Court is still awaited. The ld. DR did

not controvert this submission. Both the sides fairly agreed that

the facts and circumstances of the instant appeals are mutatis

mutandis similar to those considered and decided by the Tribunal

in the aforenoted order in ITA No.1556 to 1561/PUN/2004

passed, wherein the matter has been restored to the file of Ld.

CIT(A). In view of the foregoing discussion and respectfully

following the precedent, I set aside the impugned combined order

and remit the matter to the file of Ld. CIT(A) for deciding this

issue afresh in consonance with the directions given by the

Tribunal in the aforenoted order.

purposes.

ITA Nos.2875 to 2880/PUN/2017 – Shri Vilas Bhairu Vaskar - A.Yrs. 1996-97 to 2001-02 :

circumstances of these appeals are mutatis mutandis similar to

those filed by Shri Sanjay Bhairu Vaskar for the A.Yrs. 1996-97 to

2001-02, dealt with hereinabove. In fact, both the sides adopted

the arguments advanced by them in the course of appeals filed by

Sanjay Bhairu Vaskar and Vilas Bhairu Vaskar

Shri Sanjay Bhairu Vaskar and no separate submission was put

forth. Following the view taken herein above, I set aside the

impugned orders and remit the matter to the file of Ld.CIT(A) for

deciding this issue afresh in consonance with the directions given

by the Tribunal in the case of the assessee vide its order dated

30-11-2006.

purposes.

Order pronounced in the Open Court on 06th November,

2018.

Sd/- (R.S.SYAL) उपा�य�/ VICE PRESIDENT उपा�य� उपा�य� उपा�य�

पुणे Pune; �दनांक Dated : 06th November, 2018 सतीश

आदेश आदेश क� आदेश आदेश क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to : अ�ेिषत

अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / The CIT (Appeals)-1, Kolhapur 3. आयकर आयु� / The Pr. CIT-1, Kolhapur 4. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / DR 5. ‘SMC’, ITAT, Pune; गाड� फाईल / Guard file. 6.

// True copy // आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER,स आदेशानुसार

// True Copy //

Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune *