IN THE ITAT AHMEDABAD BENCH ‘D’
Sugam Construction (P.) Ltd
versus
Income-tax Officer, Ward-8(2), Ahmedabad
IT APPEAL Nos. 1787, 1788, 1828 & 1864 (Ahd.) of 2010 &
402 to 404 & 602 (Ahd.) of 2012
[Assessment years 2001-02, 2005-06 to 2008-09]
December 21, 2012
ORDER
Mukul Kr. Shrawat, Judicial Member
[A] For A.Y. 2001-02 cross appeals (ITA No.1828/Ahd/2010 – by Assessee and ITA No.1787/Ahd/2010 – by Revenue) have been filed, emanating from the order of CIT(A)-XIV, Ahmedabad dated 16.2.2010.
Grounds raised by the Assessee as well as by the Revenue are as follows:-
2. Assessee’s Ground Nos.1 & 2 read as under:
(1) The order passed by the Learned C.I.T.(A) is against law, equity & justice.
(2) The Learned CIT(A) has grievously erred in law and/or facts in restricting relief to the extent of Rs.10,35,199/- instead of Rs.12,40,087/- prayed by the appellant.
Revenue’s Ground Nos.1 & 2 read as under:
(1) The Ld. Commissioner of Income-tax-XIV, Ahmedabad has erred in law and on facts in deleting the addition of Rs.1035199/- made by the Assessing Officer on account of unexplained cash credit u/s.68 of the Act.
(2) The ld. Commissioner of Income-tax(A)-XIV, Ahmedabad has erred in law and on facts in admitting fresh evidence in violation of Rule 46A and not allowing the Assessing Officer an opportunity to verify & comment upon the fresh evidences furnished by the assessee.
2.1 In respect of the issue raised, facts in brief as emerged from the corresponding assessment order passed u/s.143(3) r.w.s. 254 dated 16.10.2008 were that in the past, the ITAT “A” Bench in ITA No.3028/Ahd/2004 (for A.Y. 2001-02) vide an order dated 29.07.2005 has restored the issue back to the file of AO, relevant paragraphs reproduced below:-
“10. Apropos ground No.3, during the course of assessment proceedings it was found by the AO that there were credits appearing in the books of accounts of assessee in the names of following two persons:-
