TMI Blog2016 (8) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... oresaid facts, we allow the appeal of the assessee as assessee has given all details pertaining to transaction and thereafter it was the duty of the Assessing Officer to verify details submitted by the assessee but Assessing Officer failed to verify the same. Accordingly, we set aside the order of the CIT(A) - Decided in favour of assessee - ITA No. 209/Raj/2014 - - - Dated:- 16-8-2016 - N. K. Billaiya (Accountant Member) And Mahavir Prasad (Judicial Member) For the Assessee : M. J. Ranpura, CA For the Revenue : D. R. Chhatre, Sr. D.R. ORDER Mahavir Prasad (Judicial Member) This appeal filed by assessee is against the order of CIT(A)-II, Rajkot, dated 16.01.2014 for the assessment year 1997-98. 2. The sole gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing amount to the persons, namely, Smt. J.S. Rajyaguru ₹ 4,45,895/-, S.L. Rajyaguru HUF ₹ 69,500/-, Labhuben Thaker ₹ 1,00,000/- and ManjulabenJoshi ₹ 25,000/-. Accordingly, all these cash credits comes to ₹ 6,40,395/-. The notices u/s 143(2) and 142(1) of the Act was served but nobody attended the said proceedings and thereafter again opportunity was given to the assessee fixing the hearing on 24.11.2006 but again nobody has attended the hearing. With the aforesaid finding and the direction of the Tribunal, the Assessing Officer has finalized the assessment and noncompliance of the direction of the Assessing Officer had no option to assess the income of the assessee u/s 144 of the Act. Therefore, the total ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant and contra entry from the books of Shri Indranil Rajguru HUF are attached at Page 18 to 19). 3. Labhuben Thaker 1,00,000/- The transaction is through banking channel. Confirmation from the depositor is attached at Page ;0 She is assessed to tax by the same ITO. 4. Manjulaben Joshi 25,000/- The transaction is through banking channel. Confirmation from the depositor is attached at Page ii. She is assessed to tax by ITO wd. 2(4) Rajkot. 5. The CIT(A) has relied upon the following judgments: (i) Hon.ble ITAT, Calcutta in the case of ACIT vs. Govind Ram Agrawal (2001) 76 ITD 120(Cal-Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x since many years. The return of income for A.Y. 1997-98 was filed on 30/11/1998. In this case, the assessment was completed u/s 143(3) and variations made to income were deleted by the CIT(A), vide his order dt. 1/10/2004. 7. We noted that ₹ 4,45,895/- was reflected in the assessment of Smt. J.S. Rajyaguru in her case reached finality vide CIT(A) order dt. 1.10.2004 in Appeal No.1/Rjt/231/01-02. So far an amount of ₹ 69,500/- is concerned, HUF had transferred the said amount to the account of S.L. Rajguru HUF. Copy of the books of account of the assessee and contra entry from the books of Shri Indranil Rajguru are attached with the paper book pages 18 to 19. Regarding depositor Shri Labhuben Thaker an amount of ₹ 1.00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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