SHRI SHRI SANTOSH KUMAR KITCHLOO, BHILAI,BHILAI(CG) vs. THE INCOME TAX OFFICER, 4, BHILAI, BHILAI(CG)

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE : SHRI N.S.SAINI, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICAL MEMBER ITA Nos.20 & 21/RPR/2017 (Assessment Years :2008-2009 & 2009-2010) Sri Santosh Kumar vs ITO-4, Bhilai, District-Durg Kitchloo, Quarter (CG) No.18/B, Street S.P.A., Sector-5, Bhilai, District Durg (CG) PAN No. : AFPPK 9469 R (Appellant) .. tsednepseR

Assessee by : Shri S.R.Rao, AR Revenue by : Shri R.K.Singh, CITDR Date of Hearing : 09/01/2018 Date of Pronouncement 10/01/2018 आदेश / O R D E R Per Shri N.S.Saini, AM: These are the appeals filed by the assessee against the order of the CIT(A)-II, Raipur, both dated 11.01.2017 for the assessment years 2008-2009 & 2009-2010. 2. The grounds raised by the assessee in the appeal for assessment year 2008-2009 (i.e. ITA No.20/RPR/2017) are as under :- 1. In the facts and circumstances of the case, the Learned Commissioner of Income-tax (Appeal) has erred In confirming the addition of Rs.12,00,000/- made by the Learned Assessing Officer on account of unexplained/ unsubstantiated/ undisclosed income. 2. The Ld. Commissioner of Income-tax (Appeal) has erred in deciding the appeal on basis of Remand Report without confronting the same to the appellant. 3. In the facts and circumstances of the case, the Learned Commissioner of Income-tax (Appeal) has erred in not considering the evidences and affidavits filled by the co- contributors while dismissing the appeal.

2 ITA Nos.20 & 21/RPR/2017 4. In the facts and circumstances of the case the assessment order is bad in law as no proper opportunity was allowed to the assessee. 5. The appellant reserves the right to add, amend, alter and omit all or any of the grounds of appeal with permission of the Hon'ble Appellate Authority. 3. The grounds raised by the assessee in the appeal for assessment year 2009-2010 (i.e. ITA No.21/RPR/2017) are as under :- 1. In the facts and circumstances of the case, the Learned Commissioner of Income-tax (Appeal) has erred In confirming the addition of Rs.1,00,00,000/- made by the Learned Assessing Officer on account of unexplained/ unsubstantiated/ undisclosed income. 2. The Ld. Commissioner of Income-tax (Appeal) has erred in deciding the appeal on basis of Remand Report without confronting the same to the appellant. 3. In the facts and circumstances of the case, the Learned Commissioner of Income-tax (Appeal) has erred in not considering the evidences and affidavits filled by the co- contributors while dismissing the appeal. 4. In the facts and circumstances of the case the assessment order is bad in law as no proper opportunity was allowed to the assessee. 5. The appellant reserves the right to add, amend, alter and omit all or any of the grounds of appeal with permission of the Hon'ble Appellate Authority. 4. At the outset the AR of the assessee submitted that the CIT(A) before disposing off these appeals had called for a remand report from the AO vide his letter No.FNo.CIT(A)-II/RPR/2015-16/786, Raipur, dated 09.03.2016 in the above appeals. The AO sent his remand report vide his letter No.F.No.ITO-1(3)/BHI/IAP/2016-17/1644, dated 25.04.2016. 5. The grievance of the assessee is that the copy of the said remand report was not supplied to the assessee for its rejoinder and the appeals were disposed off by the CIT(A) relying on the remand report. Hence, it was the prayer of the AR of the assessee to remand the matter back to

3 ITA Nos.20 & 21/RPR/2017 the file of the CIT(A) to decide the appeals afresh after supplying copy of the remand report to the assessee and taking into consideration the submission of the assessee thereon. 6. The DR, on the other hand, filed copies of the order sheet entries from the file of CIT(A) and submitted that after receipt of remand report, the CIT(A) fixed both the appeals for hearing on 11.1.2017 and has noted that the case is discussed with the AR of the assessee Shri S.R.Rao, hence, it was the submission of the DR that the remand report was confronted to the AR of the assessee and after confronting the same the order was passed by the CIT(A). However, he could not give definite reply before us as to whether copy of the remand report was handed over to the AR of the assessee or not. 7. In the rejoinder the AR of the assessee submitted that no copy of the remand report was given to the assessee and, therefore, the assessee could not make his submission on the remand report of the AO. Therefore, he requested that the matter should be remanded back to the file of CIT(A) for fresh adjudication of the appeal of the assessee after supply the copy of the remand report to the assessee and allowing the assessee to make his submission on the same. 8. In the above facts and circumstances of the case, we are of the considered view that the copies of the remand report should have been supplied to the assessee and opportunity should have been allowed to the assessee to make his submission on the remand report obtained from the AO. We find from the order sheet entry of the CIT(A) filed by the DR that

4 ITA Nos.20 & 21/RPR/2017 both the appeals under consideration were fixed on 11.1.2017 and it has been noted by the CIT(A) that Shri S.R.Rao was present on behalf of the assessee and the case was discussed with him. There is no mention of supplying copy of the remand report to the AR of the assessee and there is also no noting as to whether any submission was made by the AR of the assessee on the remand report obtained from the AO. In the above background of the case, we are of the view that the matter should be restored back to the file of the CIT(A) for adjudication of both the appeals of the assessee afresh after allowing reasonable and proper opportunity of hearing after supplying copy of the remand report obtained from the AO to the assessee. Thus, both the appeals of the assessee are allowed for statistical purposes. 9. In the result, both appeals filed by the assessee are allowed for statistical purposes. Order pronounced in the open court on this 10/01/2018. Sd/- Sd/- (PAVAN KUMAR GADALE) (N. S. SAINI) न्याययक सदस्य / JUDICIAL MEMBER ऱेखा सदस्य / ACCOUNTANT MEMBER Raipur; ददन ांक Dated 10/01/2018 प्र.कु.मि/PKM, Senior Private Secretary आदेश की प्रयिलऱपि अग्रेपिि/Copy of the Order forwarded to : अऩीऱ थी / The Appellant- 1. प्रत्यथी / The Respondent- 2. आयकर आयुक्त(अऩीऱ) / The CIT(A), 3. आयकर आयुक्त / CIT 4. विभ गीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, Raipur / DR, ITAT, Raipur 5. ग र्ड प ईऱ / Guard file. 6. सत्य वऩत प्रतत //True Copy// आदेशानुसार/ BY ORDER, (Senior Private Secretary) Income Tax Appellate Tribunal, Raipur