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Shri Umang H. Thakkar, HUF,Swaminarayan Kutir,Opp. YMCA Club,Sarkhej Gandhinagar Highway,Ahmedabad Vs. The Income Tax Officer,Ward 9 (4),Ahmedabad
July, 06th 2012
             IN THE INCOME TAX APPELLATE TRIBUNAL
                      `A' BENCH ­ AHMEDABAD
           (BEFORE SHRI G. C. GUPTA, VP AND SHRI A. MOHAN ALANKAMONY, AM)


                              ITA No.3116/Ahd/2010
                                   A. Y.: 2007-08

   Shri Umang H. Thakkar, HUF,             Vs The Income Tax Officer,
   Swaminarayan Kutir,                        Ward 9 (4),
   Opp. YMCA Club,                            Ahmedabad
   Sarkhej Gandhinagar Highway,
   Ahmedabad
   P. A. No. AAAHU 3409 B

                (Appellant)                            (Respondent)

            Appellant by          Shri A. K. Thakkar, AR
            Respondent by         Shri Kartar Singh, CIT DR

                       Date of hearing: 02-07-2012
                    Date of pronouncement: 02-07-2012




                                   ORDER

     PER A. MOHAN ALANKAMONY: This appeal filed by the assessee

is directed against the order of the learned CIT(A)-XV, Ahmedabad
in Appeal No. CIT(A)-XV/9(4)/406/09-10 dated 22-09-2010, for
assessment year 2007-08. The assessee has raised the following
grounds:

     "1. The learned Commissioner of Income Tax (Appeals) has
     erred in confirming the addition of Rs.2,92,32,126/- (2,76,941 +
     16,29,735) made by the Assessing Officer for the alleged bogus
     creditors and/or ceased liability u/s. 41(1) of the Income Tax Act
     1961,

     2.    The learned Commissioner of Income Tax (Appeals) has
     erred in confirming the addition of Rs.7,37,463/- made by the
ITA No.3116/Ahd/2010 (AY 2007-08)                                    2
Shri Umang H. Thakkar, HUF Vs ITO, W-9(1), Ahmedabad

      Assessing Officer for the alleged bogus purchases in trading
      account of Swaminarayan Developers

      3.    The learned Commissioner of Income Tax (Appeals) has
      erred in not taking cognizance of the fact that the assessing
      Officer has added opening balances & creditors as bogus
      purchases when in fact there is no purchase recorded in the
      year of appeal.

      4.    The learned Commissioner of Income Tax (Appeals) has
      erred in confirming the additions to the extent of Rs.10,68,000/-
      & Rs.28,41,300/- u/s. 68 of the I. T. Act, 1961 alleging that the
      proper confirmations not furnished and the booking amounts
      received as advances not found accounted or cancelled by the
      appellant.

      5.    The learned Commissioner of Income Tax (Appeals) has
      erred in confirming additions without taking cognizance of the
      Remand report dtd. 17.09.2010.

      6.    The learned Commissioner of Income Tax (Appeals) has
      erred in not considering the valuation report of the Govt.
      Approved Valuer which certifies the value of WIP & which is not
      disputed by the Assessing Officer/Commissioner of Income Tax
      (Appeals).

      7.    The learned Commissioner of Income Tax (Appeals) has
      erred in confirming the disallowance of Rs.6,05,905/- made by
      the Assessing Officer being the amount of deduction claimed by
      the appellant u/s. 80 ­ IB of the Income Tax Act, 1961 in
      Devnandan Enterprise.

      8.   The learned Commissioner of Income Tax (Appeals) has
      erred in holding that where the builder receives a fixed
      percentage deduction u/s. 80 IB (10) is not allowable.

      9.    The learned Commissioner of Income Tax (Appeals) has
      erred in confirming the action of the A. O. in completing the
      Assessment and passing an order in violation of the principles
      of natural justice and equity and thereby erred in depriving the
ITA No.3116/Ahd/2010 (AY 2007-08)                                     3
Shri Umang H. Thakkar, HUF Vs ITO, W-9(1), Ahmedabad

      appellant from making effective representation and furnishing
      the details during the course of assessment proceedings.

      10. The learned Commissioner of Income Tax (Appeals) has
      erred in confirming the action of the A. O. in passing an order in
      violation of the principles of natural justice and equity by not
      affording the appellant the opportunity of cross examination in
      spite of specific request to that effect made by the appellant.

      11. The appellant craves leave to add, alter, amend or modify
      any of the grounds of appeal on or before the date of hearing of
      appeal."




2.     Brief facts: The assessee is a HUF and further engaged in the
business as Developer filed its return of income declaring an income
of Rs.15,99,140/- on 24-03-2008. The case was selected for scrutiny
and assessment order was passed by the learned AO u/s 143(3) of
the Act on 31-12-2009 by computing total income of the assessee at
Rs.7,85,06,300/- by      making various additions and disallowances,
since the learned AO did not find the evidences, explanations and
submissions of the assessee to be acceptable. On appeal by the
assessee before the learned CIT(A) the order of the learned AO was
confirmed without awaiting for the remand report from the learned
AO, though the learned CIT(A) had called for the remand report from
the learned AO based on the detailed written submission submitted
by the assessee.

3.    Before us, the learned AR argued that the assessee had filed a
detailed written submission with all particulars in order to support its
case. The learned CIT(A) had referred the matter to the learned AO
in order to obtain a remand report, but since no remand report was
ITA No.3116/Ahd/2010 (AY 2007-08)                                       4
Shri Umang H. Thakkar, HUF Vs ITO, W-9(1), Ahmedabad

submitted by the learned AO, the learned CIT(A) had hastily passed
the order. It was therefore, prayed by the learned AR that the matter
may be remanded back to the file of the learned CIT(A) so that he
may obtain remand report from the learned AO and pass appropriate
order on merit complying with the Principle of Natural Justice. The
learned DR could not controvert to the submission of the learned AR.

4.    After hearing both the sides we are of the considered view that
an opportunity needs to be given to the assessee to present its case
before the learned CIT(A) after obtaining the remand report from the
learned AO. Therefore, in the interest of justice, we hereby remit the
matter back to the file of the learned CIT(A) so that he shall obtain the
remand report from the learned AO and after considering the written
submission and arguments of both the sides pass appropriate order
as per law and on merits

5.    In the result, the appeal of the assessee is allowed for statistical
purposes.
        Order pronounced in the open Court on 02-07-2012




                 Sd/-                              Sd/-
              (G. C. GUPTA)                 (A. MOHAN ALANKAMONY)
             VICE PRESIDENT                  ACCOUNTANT MEMBER

Lakshmikant Deka/-
ITA No.3116/Ahd/2010 (AY 2007-08)                                                  5
Shri Umang H. Thakkar, HUF Vs ITO, W-9(1), Ahmedabad
Copy of the order forwarded to:
1.   The Appellant
2.   The Respondent
3.   The CIT concerned
4.   The CIT(A) concerned
5.   The DR, ITAT, Ahmedabad
6.   Guard File
                                                               BY ORDER


                                                  Dy. Registrar, ITAT, Ahmedabad



1.    Date of dictation: 03-07-12
2.    Date on which the typed draft is placed before the
      Dictating Member: 03-07-12 other Member:
3.    Date on which approved draft comes to the Sr. P. S./P.S.:
4.    Date on which the fair order is placed before the
      Dictating Member for pronouncement:
5.    Date on which the fair order comes back to the Sr. P.S./P.S.:
6.    Date on which the file goes to the Bench Clerk:
7.    Date on which the file goes to the Head Clerk:
8.    The date on which the file goes to the
      Assistant Registrar for signature on the order:
9.    Date of Despatch of the Order:
 
 
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