Income Tax Appellate Tribunal - Agra
Sh. Dinesh Chand Agarwal, Gwalior vs I.T.O., Ward-1(1), Gwalior on 25 September, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
AGRA (SMC) BENCH: AGRA
BEFORE SHRI A. D. JAIN, JUDICIAL MEMBER
I.T.A No. 251/Agra/2016
(ASSESSMENT YEAR-2007-08)
Shri Dinesh Chand Agarwal Vs.. ITO-Ward 1(1)
Prop. Dinesh Chand & Co. Huzrat Gwalior.
Road, Lashkar, Gwalior.
PAN No.ABVPA0235G
(Assessee) (Revenue)
Assessee by Shri Mahesh Agarwal, AR.
Revenue by Shri Waseem Arshad, Sr.DR.
Date of Hearing 21.09.2017
Date of Pronouncement 25.09.2017
ORDER
This is assessee's appeal for Assessment Year 2007-08, taking the following grounds:
1. That under the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not deleting the addition of Rs.4,25,300/- (challenged with the total addition of Rs.27,75,535/- vide ground No. 3 before him) and, thus indirectly confirming the same.
2. The Ld CIT(A) has erred in not appreciating, considering and discussing the submissions of the appellant, relating to the I.T.A No. 251/Agra/2016 2 addition of Rs.4,25,300/- made by the Ld AO, while indirectly confirming the same.
3. That under the facts and circumstances of the case the impugned addition of Rs.4,25,300/- is liable to be deleted.
2. Facts in brief are that in the case of the assessee, survey u/s 133A of the I.T. Act took place on 06.09.2007. During the course of assessment proceedings, the AO made three additions assessing the total income at Rs.38,57,509/- as against the returned income of Rs.10,34,320/-.
3. The AO made addition of Rs.23,50,233/- towards excess stock, and of Rs.4,25,300/- towards excess cash, found during the survey.
4. Before the ld. CIT(A), the assessee challenged both the additions. The ld. CIT(A) partly allowed the assessee's appeal, deleting the addition of Rs.23,50,233/-, and confirming the addition of Rs.4,25,233/-.
5. The grievance of the assessee is that the addition of excess cash of 4,25,300/- has wrongly been confirmed by the ld. CIT(A), by passing a non- speaking order.
6. It is seen that the assessee raised the following ground no. 3 before the ld. CIT(A):
"On the facts and in the circumstances of the case, the assessing officer grossly erred in law & on facts in making an addition of Rs.27,75,535/- over and above that shown in the return on the basis of so called statement & I.T.A No. 251/Agra/2016 3 surrender recorded in relation to survey operation u/s 133A, totally ignoring & eliminating the submissions & material evidence furnished."
7. A perusal of the impugned order shows that indeed, though the issue of addition of Rs.4,25,300/- was specifically raised by the assessee before him, the ld. CIT(A) has confirmed this addition without recording any finding thereon. Thus, no reasoning for confirming such addition is forthcoming in the impugned order. That being so, the impugned order qua the addition of Rs.4,25,300/- is unsustainable in law. Hence, the matter is remitted to the ld. CIT(A), to be decided afresh by passing a reasoned speaking order, on affording due and adequate opportunity of hearing to the assessee to support his case. The assessee, no doubt shall co-operate in the fresh proceedings before the ld. CIT(A). All pleas available under the law shall so remain available to the assessee. Ordered accordingly.
8. In the result, the appeal is treated as allowed for statistical purposes. Order pronounced in the open court on 25/09/2017.
Sd/-
(A.D. JAIN) JUDICIAL MEMBER Dated 25/09/2017 *AKV* Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT ASSISTANT REGISTRAR